Contents tagged with Holiday

  • 5 Things You Need to Know About UK Bank Holidays

    Tags: Bank Holidays, Statutory Rights, Holiday, Holiday, Religion and Belief, Bank Holidays, Statutory Rights, Holiday, Holiday, Religion and Belief

    With the Christmas bank holidays just around the corner, many are busy making plans with family and friends to celebrate the occasion. However, are you clear as to your rights regarding bank holidays? Does your employer have to give you Christmas off work? In this article we look at 5 things you should know about employment law and bank holidays.

    1. What is your statutory right?

    There is no statutory right for employees to take bank holidays off work. Your right to take bank holidays will entirely depend on your contract of employment.

    2. Are you entitled to additional pay?

    Where an employee must work on a bank holiday, there is no statutory provision to give them the right to extra pay. Again, the right to be paid extra for working bank holidays will stem from your contract of … more

  • Back to basics: Holidays

    Tags: Employment Law, Holiday

    Given the media frenzy around Ryanair and how their change in the holiday year lead to a shortage of pilots creating havoc for holiday makers, I thought in our back to basic blogs it would be prudent to include one on ‘holidays’. 

    All workers are entitled to 5.6 weeks paid holiday (the equivalent of 28 days for someone who works 5 or more days per week) under the Working Time Regulations (WTR).  These days can include bank holidays.  This entitlement differs to any further entitlement under the contract of employment.  It is statutory and not open to variation by the employer.

    These Regulations are a health and safety measure to ensure a basic minimum holiday entitlement, currently 5.6 weeks.  The purpose of holidays under the WTR is to provide … more

  • Unfair dismissal and discrimination; David and Goliath

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal, Holiday

    This week saw Newcastle United found guilty of disability discrimination and former Leeds United employee Lucy Ward win her claim of unfair dismissal and sex discrimination.  Whilst the level of compensation in both cases is yet to be determined, it serves as a timely reminder that David can win the battle against Goliath in legal proceedings.  Employers should not let themselves be lulled into a false sense of security that their stature will act as a deterrent to staff considering legal action against them.  Here I take a look at the details of the Lucy Ward case and offer my top ten learning points.

    Ms Ward, who had worked for the Club for 17 years, claimed she was sacked because she was in a relationship with the Club’s former head coach, whilst the Club … more

  • The 10 most significant employment law cases in 2015

    Tags: Employment Law, Employment Tribunal, Unfair Dismissal, Discrimination, Redundancy, Sickness Absence, Holiday, Disciplinary Procedure, Right to be Accompanied

    As we count down to the New Year, let’s remind ourselves of 2015’s key judgments. They include cases on: whistleblowing, working time, annual leave during sickness absence, holiday pay, disability discrimination, redundancy consultations, recruitment, and the role of HR in disciplinary proceedings.

    1. HR’s role in disciplinary proceedings

    In Ramphal v Department for Transport it was held by the Employment Appeal Tribunal (EAT) that a dismissal will be unfair if the decision to dismiss an employee is improperly influenced by HR. Thus, HR should refrain from lobbying managers to reshape their view on culpability and limit their advice essentially to questions of law, and procedures and processes.

    2. Right to be accompanied: a new type of claim?

    It was held by the … more

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  • What To Do When An Employee On Maternity Leave Wants To Go Part-Time?

    Tags: Maternity Leave, Employment Law, UKEmpLaw, Flexible Working Request

    A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse? 

    Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim. 

    The statutory scheme is set out in the Flexible Working Regulations 2014 and the Employment Rights Act. It is supported by an ACAS Code and by an ACAS Guide.

    First Steps

    Check that the employee’s request contains all the information necessary to amount to a formal request and that the employee has worked for you continuously for 26 weeks at the date on which they … more

    

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