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).
Readers will recall that the Tribunal concluded in this case that a worker’s holiday pay ought to include overtime and premium payments when calculating the amount of basic remuneration. The Tribunal further suggested that any element of pay linked to the tasks required of the worker under the contract of employment, for which payment is received, should be included. The decision, one of the most significant in employment law for some time, suggests that employers may need to assess their holiday pay calculations, but with little further guidance or clarification from the Tribunal on how to achieve this, or what payments should correctly be included.
The decision of the Tribunal in Neal is not binding and the case was appealed to the EAT, the hearing taking place in Summer 2014. It was hoped that the much anticipated judgment would confirm the decision of the Tribunal and provide much needed clarity on the issues raised, including how to properly calculate holiday pay. This case has, disappointingly, has settled out of court.
The good news? The appeal hearing did go ahead in July 2014 in respect of the other cases that Neal had been joined with. When Anthony Collins Solicitors spoke with the Employment Appeal Tribunal, we were informed to expect a decision in October 2014. Therefore, watch this space for further updates in what now has the catchy case name of “Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others”.
Previous issues of our briefings on the issue of holiday pay can be found by clicking the links below:
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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.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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