News & Analysis as of

Holiday Pay Employment Litigation

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

Littler

Ontario, Canada Appellate Court Finds National Day of Mourning to Honour Memory of Queen Elizabeth II Not a Paid Holiday under...

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In Ottawa Police Services Bd. v. Ottawa Police Assn., 2023 ONSC 6225, the Ontario Superior Court of Justice (Divisional Court) (Ont. SCJ (Div. Ct.)) quashed an arbitrator’s decision allowing two grievances that claimed...more

Littler

Agnew: A New Headache for UK Employers?

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The Supreme Court of the United Kingdom has recently decided the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others, a Northern Irish case that has been working its way through...more

Vedder Price

UK Supreme Court Ruling:  A Look at the Changes to a Series of Unlawful Deductions

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The Supreme Court has released its decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew. The Court decided that, with respect to a series of unlawful deductions, a gap of more than three...more

BCLP

New Development in Relation to Underpayment of Holiday Pay

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There has been much case law in relation to the underpayment of holiday pay in the context of overtime and commission. That case law has reinforced the position that although claims must be issued within 3 months of an...more

Littler

Ontario, Canada Arbitrator Finds Employer Did Not Violate Collective Agreements by Not Recognizing National Day of Mourning as...

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In a recent decision under the Labor Relations Act, 1995, Arbitrator Adam Beatty dismissed four union grievances concerning the National Day of Mourning, which was declared following the death of Queen Elizabeth. The grievors...more

Littler

UK: Harpur Trust v Brazel and Holiday Pay

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The Supreme Court of the United Kingdom has published its long-anticipated decision in Harpur Trust v Brazel confirming that paid holiday for part-year employees/workers on permanent contracts must not be pro-rated....more

BCLP

UK HR Two Minute Monthly - March 2022

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Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more

Hogan Lovells

Worker entitled to carry taken but unpaid holiday forward to end of employment

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In Smith v Pimlico Plumbers Ltd the Court of Appeal for England and Wales allowed a worker to carry forward statutory holiday he had accrued during the course of his employment, which he had taken but not been paid for, until...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

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Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

BCLP

HR Two Minute Monthly: holiday pay; non-party access to court documents

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Our September update considers recent key developments in employment law, including a case on calculating holiday pay for irregular workers and a Supreme Court decision on non-party access to court documents. We also outline...more

Hogan Lovells

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...more

BCLP

HR Two Minute Monthly: shared parental pay, holiday pay calculations and whistleblowing

BCLP on

Our July update considers recent developments in employment law, including cases on shared parental pay, holiday pay calculations and whistleblowing disclosures.  We also outline other points of note, including proposed...more

Littler

Littler Global Guide - United Kingdom - Q2 2019

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Enhanced Shared Parental Pay Lower than Enhanced Maternity Pay Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On May 24, 2019, the UK Court of Appeal held that it is not discriminatory...more

Hogan Lovells

Employment News: holiday pay, NDAs, trade unions

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No handbrake turns – holiday pay included voluntary overtime pay - The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

If Accrued Holidays Are Not Used, Will They Be Lost? In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more

Hogan Lovells

Employment News - February 2018

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Weekly newsletter on employment matters. In this weeks issue: - Small steps – government response to the Taylor Review. - That hurts. Working time detriment could lead to injury to feelings award. - It's not...more

Hogan Lovells

Employment News - December 2017

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In this weeks issue: - You broke it, you fix it – unpaid holiday could be carried forward indefinitely - Go with the flow – burden of proof shifts in discrimination claims - Going up – increased minimum wage and...more

Faegre Drinker Biddle & Reath LLP

The Good Work: The Taylor Review

The Good Work: The Taylor Review of Modern Working Practices (the Review), an independent report commissioned by the U.K. government to analyse the changing employment landscape, was published on 11 July 2017....more

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