The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
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.
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.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
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