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Legal Updates: Legal Updates 2015

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The HRDirector Legal Updates

No backdated recalculation of holiday entitlement where hours increase

Holiday entitlement and pay cases can often be complex, involving some mental gymnastics. Greenfield v The Care Bureau is undoubtedly a case which falls into that category, but once you get to grips with the facts and the mathematics, the European Court of Justice’s (ECJ) ruling gives a very useful indication of the position under EU law where the number of days/hours worked during a holiday year increase.

Article by: | Published: 19 November 2015

The HRDirector Legal Updates

Picketing code to be updated to tackle intimidation

The Government response to the consultation, ‘Tackling intimidation of non-striking workers’, indicates that evidence was provided of people being intimidated by individuals on picket lines and the use of social media to intimidate workers who have chosen not to strike, including the online posting of photos of non-striking workers accompanied by derogatory comments.

Article by: | Published: 6 November 2015

The HRDirector Legal Updates

Regulations in force for modern slavery statements compliance

Two sets of regulations have come into force under S.54 of the Modern Slavery Act 2015 (MSA 2015) relating to the requirement for any commercial organisation with a total turnover of £36m and above to prepare an annual slavery and human trafficking statement in each financial year.

Article by: | Published: 6 November 2015

The HRDirector Legal Updates

Nature of misconduct different so no disparity in treatment

In Paul v East Surrey District Health Authority, the Court of Appeal adopted the EAT’s reasoning in Hadjioannou v Coral Casinos Ltd that in determining the fairness of a dismissal where inconsistent treatment is claimed, it is necessary to decide whether the facts are truly comparable.

Article by: | Published: 5 November 2015