The snappily named Assured Tenancies and Agricultural Occupancies (Forms) (moratorium Debt) (Consequential Amendment) (England) Regulations came into force on Monday 3 May 2021.
The case of Harpur Trust v Brazel was decided by the Court of Appeal, most aptly for a dispute over holiday pay, in the middle of this year’s summer holiday.
As you may remember from our ebriefing at the time, the decision concerned the calculation of holiday and holiday pay for employees on part-year continuous contracts (the Court specifically noted that this includes zero-hours continuous contracts). The Court of Appeal held that no pro-rata mechanism was included in the Working Time Regulations 1998, and so part-year employees were entitled to 5.6 weeks’ paid holiday just like their colleagues working all year round. The 12.07% accrual method to calculate both holiday and holiday pay that many employers use for workers and employees on part-year and zero-hours contracts was, the Court decided, not lawful. It is not clear whether this calculation can be used for assignment only of zero-hours contracts.
How can we help you?
- For more details on the case and the decision, you can read our ebriefing.
- We can help if you have any employees within your organisation who are likely to be affected by the judgment.
- Our employment and pensions team can assist with any specific queries that you may have – we can offer specialist sector-specific advice on the ramifications of this judgement.
- We have prepared a detailed and comprehensive toolkit on calculating holiday and holiday pay in light of the Harpur decision – it provides a full explanation of the decision in practical terms and gives real-life examples to demonstrate its implications. To purchase the toolkit please contact Libby Hubbard.
This is a key area for employers, so if you would like any further information or advice please contact Faye Rush.
What is a post-nuptial agreement and why do people enter it? Find out more in this ebriefing.
This ebriefing considers the Government’s proposals to simplify the procurement procedures, as set out in Chapter 3 of the Green Paper entitled “Using the right procurement procedures”.
In the second of a two-part episode, trainee solicitors Tom Corrigan, Precious Melia and Sike Olawale discuss what a training contract looks like at Anthony Collins Solicitors.
Cases involving large-scale IT contracts are quite rare and the recent case provides a useful judgement for matters involving digital transformation projects which have gone wrong.
From 4 May 2021, The Debt Respite Scheme (Breathing Space) comes into force. This scheme provides debtors with the right to legal protection from their creditors.
Birmingham-based Anthony Collins Solicitors (ACS) has announced a raft of new promotions, including appointing three new partners.
EOTs have been aggressively marketed as a tax-free share sale, but that should not deter practitioners from raising EOTs.
Remuneration for the supply of goods and the power to award equitable allowances.
The government did not accept two of the Law Commission’s recommendations - as they saw them as important safeguards in protecting charities interests in property.
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