November 5, 2014
Employers warned that landmark legal decision could cost them dearly
A ruling by the Employment Appeal Tribunal (EAT) is significant and could be potentially financially crippling, employers have been warned, following yesterday’s ground-breaking decision by the EAT to uphold an earlier Employment Tribunal’s decision that both compulsory and voluntary overtime must be included in addition to basic salary for the purposes of calculating a worker’s holiday pay. According to Shivali Chaudhry, an Employment solicitor at law firm Hamlins LLP: “Not only will employers have to increase the amount of holiday pay they pay workers to take into account all overtime, they may also face historic underpayment liabilities going back up to 16 years in respect of some workers.” However, Mike Emmott, Employee Relations Adviser at the CIPD says the ruling still leaves much to be resolved – particularly on the issue of backdating. He said: “The ruling means that employers will have to change how they calculate holiday pay in future to take account of voluntary overtime. However it does seem to have limited the scope for substantive retrospective claims, which was the biggest concern in terms of possible costs for employers.” More →
September 30, 2013
United States and Europe; closing the gap on flexible working law
by Debbie Kovak • Comment, Flexible working, Legal news
Vermont became the first U.S. state to enact a law requiring employers to consider workers’ requests for a flexible schedule without fear of retaliation. The law, signed by the governor in May, includes a statutory process which requires “good faith” discussions relative to the employee’s needs and the company’s business operations. Despite Vermont’s efforts to make the workplace more accommodating, the United States still lags behind Europe when it comes to flexible work schedules and accommodating family life issues. For example, Vermont is already a decade behind the United Kingdom which passed similar legislation in 2003. The reasons for this are not cut-and-dried either.
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