Many employers who engage workers on atypical arrangements, where they work more than their normal contractual working hours and receive additional pay over and above their standard pay, were left concerned about the implication of this decision (see our briefing). Many employers also decided not to make changes to their holiday pay arrangements, understanding that British Gas intended to seek leave to appeal to the Supreme Court, which could reverse the Court of Appeal’s decision.
Update
The Supreme Court has now considered British Gas’s application to appeal against the Court of Appeal’s judgment, but has refused permission. This means we have reached a point of finality on this issue of principle and contractual results-based commission is to be taken into account when calculating holiday pay.
What is still not clear is how holiday pay in such circumstances is to be calculated and what the appropriate reference period is for the calculation.
It has been reported that the Employment Appeal Tribunal (EAT) will decide on these outstanding matters in March 2017. Only after that decision is given will we hopefully have the full clarity about how to calculate holiday pay for those with varied earnings.
For further information
To find out more about the impact this decision could have on your business, or to purchase a copy of our Holiday Pay Toolkit (which (i) summarises the current legal position; (ii) answers the most frequently asked questions about the impact of the judgment on existing holiday pay arrangements; (iii) and suggests potential solutions for how to calculate holiday pay and deal with any potential liability for any historic underpayments) please get in touch with your usual contact at Anthony Collins Solicitors or speak to Anna Dabek.
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
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