CJEU Rules in Important Holiday Pay Case

The Court of Justice of the European Union (CJEU) has handed down a decision that could have significant implications regarding a worker's right to paid annual leave (King v The Sash Window Workshop Limited).

Conley King had worked for The Sash Window Workshop (SWW) as a salesman under a self-employed, commission-only contract from 1 June 1999 until his dismissal at age 65 on 6 October…

Employees' Annual Leave Entitlement - 2018/2019

The minimum paid annual holiday leave entitlement under the EU Working Time Directive is 20 days (four weeks). However, under the Working Time Regulations 1998 (WTR), full-time workers in the UK are entitled to 28 days' (5.6 weeks') paid annual leave. This can include bank holidays, of which there are usually eight per year.

However, because Easter is a 'moveable feast', in the 12 months…

Equal Pay Claims and Employer Insolvency - EAT Gives Guidance

The legislation that gives a woman doing equal work with a man the right to equal pay and other contractual terms (enshrined in Section 1 of the Equal Pay Act 1970 then Section 66 of the Equality Act 2010) implies a sex equality clause into all contracts of employment. Its effect is to modify any term of a claimant's contract of employment that is less favourable than the corresponding term of…

Morrisons Held Vicariously Liable for Rogue Employee's Data Leak

In a workplace context, an employer can be found liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment – i.e. where there is sufficient connection between the employee's position and the wrongful conduct to make it right for the employer to be held responsible.

In the first class action in the UK arising from a data…

Procedural Steps in Employment Cases Can Be Tricky

Procedural steps that must be followed before a claimant can launch a valid complaint to an Employment Tribunal (ET) are not straightforward and that is one reason why it is always wise to seek legal advice. In one case, a lorry driver was in danger of having his case dismissed owing to a form-filling error (de Mota v ADR Network and Another).

Mr de Mota had made a number of complaints, including…

Unfair Competition by Former Employees - The Law Can Move Fast!

If key workers leave your employment and you are concerned that they may breach their contracts by setting up in competition, the law can move fast to protect you. That was certainly so in one case in which four former employees of a fashion company were accused of plotting its downfall (Visage Limited and Another v Mehan and Others).

The four were all members of a family that had founded the…

Veteran Car Salesman Wins Damages for TUPE Breach

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any size of business and protect the employment rights of employees when their employer changes as a result of the relevant transfer of a business or a part of one. However, some employers still appear to be unaware of the consequences of breaking the rules, as a recent case illustrates (Pentland Motor Company…

Not Negligent, But Still Liable for Injury

Animals have different characteristics and some are easier to control than others. The law does recognise this in some ways, but the legal position is that ultimately the owner of an animal can be responsible for the damage it causes, even if they have not been negligent. This is called 'strict liability' in legal language.

This contrasts with the position that applies in most cases, where negligence…

Cohabitants Entitled to Bereavement Damages

The legal implications of cohabitation are often poorly understood by those who choose to live together outside of marriage or civil partnership, and the lack of protection for cohabitants often comes as an unpleasant surprise to many, especially when a relationship ends or one of the partners dies.

Given that there are more than three million cohabiting couples in the UK, this lack of…

Onerous Leasehold Terms to be Banned

Following an outcry over the terms that apply to the purchase of new leasehold properties in some circumstances, the Government conducted a public consultation. This has now reported and legislation is expected soon to deal with the abuses identified.

Many unfair practices were reported as the sale of new properties on a leasehold, rather than freehold, basis has proliferated and some of the leases…