Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
Calculating holiday pay and entitlement is rarely a pleasure and almost always a chore! The Royal Borough of Greenwich is, however, wishing it had spent more time on that particular chore as the Council is facing an estimated £4m settlement bill following a five-year dispute over holiday pay for its term-time workers.
The claim, bought by Unison on behalf of over 400 workers (cleaners, teaching assistants, catering staff etc.) was triggered when a cleaner back in 2012 noticed she had lost a significant amount of pay when her contract changed from a full-year to a term-time only one.
Unison claimed that the formula used by the Council, which dated back to 2008, to calculate holiday entitlement for term-time-only workers was faulty. So much so that some staff claimed they were missing out on up to five days’ holiday.
In simple terms, the Council’s calculation used the term-time contracts’ weeks worked (39 weeks) as a fraction of the full-time contracts’ weeks worked including holidays (52.179 weeks). Unison argued that the calculation was not comparing like with like. The calculation should use term-time contracts’ weeks worked (39 weeks) as a fraction of full-time contracts’ weeks worked (44.4 weeks).
The Council settled the case rather than face a lengthy Tribunal claim and the potential cost in legal fees and backpay. Whilst that might be prudent on their behalf, it means that we don’t have a definitive judgement nor any written reason as to why the Council had adopted this formula or indeed whether it was faulty.
In the absence of a judgement and in light of the rather onerous threat of the Assistant General Secretary of Unison to pursue other employers who have made similar errors, it would be wise to review the calculation of holiday pay for term-time workers and ask the following questions:
- Is there a formula in place with sufficient detail to explain its reasoning?
- Is this formula correct – does it compare like with like?; and
- If the answers to the questions above are vague, do we need to review and seek advice?
For help with reviewing your holiday-pay calculations, please get in touch with Katherine Sinclair or a member of our employment team.
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
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