Employment News: holiday pay, EWCs, EHRC

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Noteworthy – no holiday pro-rating for "part year" music teacher

In The Harpur Trust v Brazel the Court of Appeal confirmed that a music teacher was entitled to be paid for 5.6 weeks' annual holiday, even though she only worked during term time. This meant her holiday represented a higher proportion of her working hours than would have been the case for an employee working throughout the year.

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Go right ahead – no need to wait for EWC opinion before implementing redundancies

In a rare case looking at an employer's obligations under a default EWC agreement, the EAT found that an employer did not have to wait for an EWC opinion before implementing a decision that resulted in redundancies.

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New direction – WESC report into EHRC

The Women and Equalities Select Committee has issued its "Enforcing the Equality Act: the law and the role of the EHRC" report, which contains potentially far-reaching recommendations. In the meantime, the EHRC has issued its strategic plan for 2019-22, highlighting its goals and priorities for the next three years.

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Best of the rest – round-up of other developments

During August, the Court of Appeal and EAT considered how employers should respond to constructive dismissal claims and the impact of immigration status on an employee's ability to pursue employment related claims.

The government issued guidance in August on how to prepare for April 2020 changes to the off-payroll working rules. We will be covering the guidance in our next newsletter.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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