We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
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.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
EPC’s are not required to be served with a Section 21 notice for assured shorthold tenancies if the tenancy predates October 2015.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.