Is the Working Time Directive going to be the first big repeal post-Brexit? Is the landmark ruling on Holiday Pay set to last?

  • By The Alchemist About Town
  • 04 May, 2017

HR Blog - Case Law Update 

On 28 February 2017 the Supreme Court refused leave to appeal in the landmark case of “ Lock v British Gas ” bringing the legal case to a close.

This long standing legal proceeding, which included representation at Employment Tribunal (ET) Employment Appeal Tribunal (EAT), Court of Appeal (CA) and European Court of Justice ( ECJ) now establishes that UK law must be interpreted in line with the EU Working Time Directive (WTD) and therefore the requirement for holiday pay is that  ‘normal remuneration’ , commission payments  and compulsory overtime should be included in the calculation of holiday pay for the basic four weeks annual leave derived from the WTD.

The WTR specify that annual leave may only be taken in the year it is due. Payments in lieu of untaken holiday are only permitted on termination.  The appeal in "King v The Sash Window Workshop Ltd." case considers instead  whether backdated holiday is due if an employee is unable to take holiday for some reason.

The Employment Tribunal will need to now determine what compensation should be paid by British Gas to ensure that workers like Mr Lock are not disadvantaged by taking a holiday (British Gas will have to compensate Mr Lock and approximately 1,000 other employees who have suffered similar losses, currently waiting for the results of this case).

Potentially this could be done by averaging the pay over a given reference period which it will have to be determined. Assuming British Gas does not settle beforehand, the Tribunal may provide some very welcomed guidance on how exactly holiday pay should be calculated when employees receive commission.

So what are employers meant to do now?

  • Review their workforce and see if there are employees and workers that do not have commission payment and compulsory overtime included in their holiday pay;
  • Review their workforce and see if there are  workers who do not receiving paid leave;
  • Review the annual leave provisions in their terms with employee and workers;
  • Ensure that contractual terms relating to pay for leave are sufficiently clear.

Employers should engage suitably qualified help if unsure; this  is not an issue to save a few pounds over and then pay hundreds of thousands later.

What about Brexit: will it affect and potentially overturn these decisions?

What we do know is that so far the government has stated that workers rights will be “preserved” and the repeal Bill  is intended to enact into UK law all of EU law, and that repeals and amendments will happen on an individual basis after that. 

Speculation currently circulating suggests that the WTR will be one piece of legislation that could be repealed or amended.
The Court of Appeal in Lock v British Gas concluded in its judgment that the deciding factor in respect of that appeal was  that the  presumption that the UK intended the WTR to fulfil “entirely” its obligations under the WTD.

Interesting non?





The People Alchemist Blog

By The Alchemist About Town 22 Sep, 2017
I am so utterly delighted that my book is now out, available to order both on paperback and on Kindle edition just in time for Business Women's Day - YES!!!!!! :-) 

STOP IT! It's all in your head   is my labour of love and my way to encourage, inspire and empower women to achieve what they want professionally and not be confined by societal, religious, family paradigms of what " women should do/are like" and, most importantly, the restrictions in their head.
If that is being CEO of a Global Company or a stay-at-mum or Director of Paperclip ( whatever grabs your fancy) so be it.

Writing this book was also a personal challenge ( the 30 days thingy) which confirmed to me once and for all that you can really do whatever you set your mind to, if you really want to that is.

Couple of tips for writing a book from me:
  • write about what you are passionate about, you know more than you think.
  • free-write about the parts/chapters in the book you like the most and you are most interested in first - that will give you a great boost at the beginning - you can edit and add the boring bits later - by then most of the book will be almost there
  • keep your own voice - write as you speak so to speak ( people do need to understand you though..)
  • keep an open mind, ideas will flow into you mid-way through the project
  • a deadline and going public is good to beat procrastination ( but if that stresses you out too much don't do it) - the deadline certainly helped me.
You can do it too!!!

If anyone would like to be part of the book launch, the event is live on Eventbrite and you can buy an Early Bird ticket now:
SMASH YOUR CEILING - #STOPITBookLaunch 
Thursday 12 October at 18.30
Business Design Centre
Islington
London

To pre- e-meet other super fab women in business attending the event, please use the following hashtags:
#SMASHYOURCEILING
#STOPITBookLaunch
#BDCWorks

I'm so excited about this book and I genuinely hope you will like it- I hope to meet you soon, in person or through the pages of my book.

Laura x


#Hustle #GirlBoss #SmashThatCeiling
  #SmashYourCeiling
STOP IT! It's all in your head 
#dreambig #believe #youcan



By The Alchemist About Town 19 Sep, 2017
The time is getting closer and closer to the release of   STOP IT, It's all in your head   my new book ( 22 September for Business Women's Day - US) .

I have now  received the proof copy of the paperback which looks absolutely fabulous: a couple of things to correct but overall I am super happy with the result.
A lot of marketing to do now between Facebook, Twitter, Instagram and Google+ ( which is PS: looking like more work than the actual writing of the book).

The book event/launch/talk is live on Eventbrite and you can buy an Early Bird ticket now:
SMASH YOUR CEILING - #STOPITBookLaunch 
Thursday 12 October at 18.30
Business Design Centre
Islington
London

To pre- e-meet other super fab women in business attending the event, please use the following hashtags:
#SMASHYOURCEILING
#STOPITBookLaunch
#BDCWorks

I'm so excited about this book and I genuinely hope you will like it.

Laura x


#Hustle #GirlBoss #SmashThatCeiling
  #SmashYourCeiling
STOP IT! It's all in your head 
#dreambig #believe #youcan



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