Regulation 14 of the Working Time Regulations 1998 (WTR) sets out a worker’s right to a minimum of 4 weeks’ paid holiday per year which derives originally from the Working Time Directive (WTD). In a case called Bear Scotland v Fulton, the EAT said that a three-month...
We have seen many worker status cases over the last few years. The majority stem from the gig economy, with many cases finding that an individual described in contractual documents as self-employed is really an employee or a worker of the business. This month has seen...
Additional terms can be implied into employment contracts where certain facts reflect the parties’ contractual intentions. A term can be implied to give business efficacy to the contract – to make it work. Or it can be implied if the term is so obvious that if an...
If a tribunal decides that an employee has been unfairly dismissed, it can reduce compensation, potentially to zero, for two reasons: because the dismissal would have occurred anyway regardless of any procedural errors (the Polkey principle referred to in the...
The government has given more information about when it will introduce new laws requiring employers to pass on all tips to workers. The government has said previously that tips earned by workers should go to the workers that customers intended them for. The new laws...
