Working time, holiday, sickness
Our employment barristers are adept at handling working time issues and challenges around taking time off work.
Statutory holiday is the 5.6 weeks’ holiday that workers are entitled to under the Working Time Regulations 1998.
Problematic areas include the rights of workers to paid holiday whilst absent on maternity or sick leave for example, and whether any entitlement to leave can be carried over in to the next leave year. There have also been several important cases that have changed the way employers should calculate statutory holiday pay for some workers, particularly those who are on commission based pay or who would otherwise be entitled to work overtime during the period leave is taken. It is likely that many people are still being underpaid for their holidays by their employers and may have a claim for arrears of pay.
As well as workers having an entitlement to seek compensation for any failure to ensure that they receive the correct daily and weekly rest breaks, employers failing to comply with the requirements of the 1998 Regulations could face a criminal conviction if successful enforcement action is taken against them by the Health & Safety Executive (or other relevant statutory enforcement agencies).
The 3PB team represents both employers and employees in these issues providing a commercially-focused and high quality service.
Our Employment and discrimination Barristers...
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Welcome to 3PB's April 2024 employment law newsletter, edited by Simon Tibbitts. This month’s newsletter offers analysis from Simon Tibbitts, Ben Amunwa, Katherine Anderson, Andrew MacPhail, Robin Pickard and Suffian Hussain on the following cases:
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- British Airways Plc v Mello and ors [2024] EAT 53
- Secretary of State for Business and Trade v Mercer [2024] UKSC 12
- Worcestershire Health and Care and NHS Trust v Ms Allen [2024] EAT 40
- Stena Drilling PTE Limited v Smith [2024] EAT 57
- TwistDX Limited and Others v Armes and Others [2024] EAT 45,
- Kaur v Sun Mark Ltd and Others [2024] EAT 41
- TTT, R (On the Application of) v Michaela Community Schools Trust [2024] EWHC 843 (Admin) (16 April 2024) -
Welcome to our January 2024 employment and discrimination law newsletter, edited by Grace Holden. This month our newsletter includes analysis from Grace, Colin McDevitt, Naomi Webber and Alex Leonhardt on the following cases: Leaney v Loughborough University [2023] EAT 155; Kingswood Learning and Leisure Group Limited EA-2022-000902-JOJ; The Royal Embassy of Saudi Arabia (Cultural Bureau) v Ms Alhayali [2023] EAT 149; and an analysis of the changes to the annual leave entitlement and holiday pay of part-year and irregular hours workers.
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Welcome to our November 2023 employment and discrimination law newsletter, in which we celebrate more rankings in the latest Chambers and Partners edition and call for applications for talented employment law barristers to join our team. Edited by Charlotte Hadfield, our newsletter features analysis from Charlotte, Head of Group Craig Ludlow and Alex Leonhardt - covering the following cases: Omar v Epping Forest District Citizens Advice (EA-2021-000595-JOJ), Steel v Spencer Road LLP [2023] EWHC 2492 (Ch), ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, and Virgin Active Ltd v Hughes [2023] EAT 130.
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Welcome to the 53rd Newsletter from 3PB’s Employment and Discrimination Group edited by Stephen Wyeth, celebrating our Specialist Group being ranked Tier 1 in both the Western and South Eastern circuits by the Legal 500 due to our expertise in this field of law.
Thanks to our contributors: Karen Moss (Group Deputy Head), Rising Star (Legal 500) Grace Nicholls, Alex Leonhardt, Joseph England and Andrew MacPhail and first rate commentary from Mathew Gullick KC on the very recent Supreme Court decision of Agnew. Given that Mathew successfully appeared for Mrs Brazel in the Supreme Court (supported by our very own Lachlan Wilson and Naomi Webber) who better to provide his take on this most recent decision involving holiday pay?
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Items include a look at the increase to the National Minimum Wage due in April 2023, new legislation allowing employees to request flexible working from day one in a job, as well as two proposed bills - the Carer's Leave Bill and the Protection from Redundancy (Pregnancy and Family Leave) Bill, and a look at The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022.
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Analysis includes Nexus v RMT & Unite the Union [2022] EWCA Civ 1408, Mr J Hilaire v Luton Borough Council [2022] EAT 166, and how employers can protect themselves during Christmas party season. -
Welcome to October's employment law newsletter In our October newsletter, we report the publication by the government of the Retained EU Law (Revocation and Reform) Bill, likely, if passed, to effect important change to UK employment law. We consider ACAS' update of their advice on employee suspensions; the TUC's challenge of government anti-strike legislation and more positive news around the 4-day week trial. We also congratulate our employment team for another set of impressive results in the Legal 500's latest...
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The past 30 days have provided much for the employment law world to write about, starting with the success of 3PB’s Mathew Gullick QC, Lachlan Wilson and Naomi Webber in the Supreme Court in The Harper Trust v Brazel case; and Mathew Gullick QC earning the accolade of the Times’ “Lawyer of the Week” in the process.
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3PB barristers Mathew Gullick QC, Lachlan Wilson and Naomi Webber from 3PB's Employment and Discrimination Group - saw today a landmark judgment in favour of their music teacher client Mrs Lesley Brazel by the UK Supreme Court. This decision today follows her case being heard before an employment tribunal (in 2017), the Employment Appeal Tribunal (in 2018) and most recently the Court of Appeal (in 2019). The UK's highest court confirmed the rights of part-year...
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Welcome to March's newsletter In this edition of our employment law newsletter, our news section considers the impact of the lifting of the last Covid restrictions on employers; updated Acas guidance for bereavement and the Home Office's postponement of the digital right-to-work checks. Legal analysis is provided by our members: - Alex Leonhardt looks at the limits of “firing and re-hiring”, with his analysis of USDAW & Ors v Tesco Stores Limited [2022] EWHC 201 (QB); - Andrew...
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3PB employment barrister Sarah Bowen was interviewed by Bob Warman of Central TV News yesterday about holiday leave during furlough, a scheme that is likely to last until the Spring of 2020. Speaking as a member of the Birmingham Law Society, Sarah has advised that employers should not assume that forced holiday leave is the answer. Specifically, the COVID guidance on holiday entitlement states that it is necessary for an employer requiring an employee to take...
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Daniel Brown has edited 3PB's October Employment and Discrimination newsletter, including contributions from Matthew Curtis, Sarah Clarke, Simon Tibbitts, Stephen Wyeth, Karen Moss, Grace Boorer, Lachlan Wilson, Grace Nicholls, Andrew MacPhail and Charlotte Hadfield. The newsletter brings you 3PB news, recordings as well as our case and legal analysis. You are also invited to register to attend our 8 October webinar on injunctions, restrictive covenants and team moves. Click here to view the newsletter. News...
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3PB Barristers specialist employment and discrimination barristers Lachlan Wilson and Daniel Brown have just delivered the webinar, “Preparing for redundancies” to over 200 employment lawyers. Recent figures showed 300,000 redundancies in the UK simply during June and July 2020. Next month -October – sees the Coronavirus Job Retention Scheme (CJRS) goes down to 60% of wages with employers contributing 20% and finishes at the end of the month. Many companies face continued drop off in...
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