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…)


















November 5, 2014
Why isn’t the UK Government acting to curb the scandal of fake furniture?
by Tony Ash • Comment, Furniture, Workplace design
The real thing
If you’ve watched a DVD recently, it probably started with an advert highlighting that ‘you wouldn’t steal a handbag, so why would you steal a DVD?’ The point it’s making is that it’s unacceptable to buy poor quality copies of DVDs. They’re fake products and there’s a stigma attached to them, in the same way there’s a stigma attached to buying a fake watch, handbag or a forged piece of art. That’s how things should work, but this isn’t yet the case for fake furniture in the UK. And the reason for this is government inaction that is not only allowing a market for poorer quality replicas of iconic designs to exist, but to thrive. In April 2013 the UK government passed the Enterprise and Regulatory Reform Act, a section of which closed a loophole in British intellectual property law. Under the new regulations, artistic designs for products such as furniture would be protected for up to 70 years after the designer’s death. Before the Act was passed, if more than 50 copies of a design were made, it was considered to be mass produced and was subject to only 25 years’ protection.
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