dwillis - UK Legal Information Blog

A worker’s minimum holiday pay under EU law. Can it be reduced to reflect short-time working?

08/08/201909/01/2019 by dwillis

In the case of Hein v Albert Holzkamm GmbH a construction worker in Germany working under a collective agreement. The collective agreement provided that holiday pay would be paid on the basis of a 13-week average calculation. This calculation of holiday pay was in accordance with the national law in Germany. After a 26-week lay-off, his holiday pay was calculated on the basis of this 13 week average, excluding overtime.

European Directive

Consequently, this meant that it was lower than his normal pay, in breach of Article 7(1) of Directive (EC) 2003/88. [note] Article 7(1), Annual leave
1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.
2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.[/note] This Directive relates to certain aspects of the organisation of working time of the EU Member States.

Clamping Vehicles, Private Car Parks, Penalties and Unfair Terms

30/06/202203/01/2019 by dwillis

The Protection of Freedoms Act 2012 creates provisions relating to immobilising and obstruction of vehicles and charging registered keepers of vehicles where a contract has been entered into with landowners or their agents (Sections 54-56 and Schedule 4 of the Act)

The New Employment Appeal Tribunal Practice Direction 2018

10/08/201902/01/2019 by dwillis

The Employment Appeal Tribunal has issued a new Practice Direction (Employment Appeal Tribunal – Procedure) 2018.

Can you make a request to the DVLA about a vehicle or registered keeper?

15/08/201919/12/2018 by dwillis

Yes, you can but only if you have ‘reasonable cause’. You can make a request to the DVLA for information by completing the appropriate form and applying by post

Holiday pay rights for Temporary workers

16/02/202017/12/2018 by dwillis

Temporary workers usually have a contract with an agency but work on a temporary basis for an employer. This differentiates them from full-time employees and the self-employed.

The Agency Worker’s Regulations (2010) which details a worker’s rights, state

Google must delete links to articles in “Right to be Forgotten” case

11/03/201923/11/2018 by dwillis

Google was ordered to take down links to articles about the historic criminal convictions of a businessman.

Two businessmen (NT1 & NT2) convicted of criminal offences many years ago brought claims made under Data Protection law and the English law tort of misuse of private information, for the “right to be forgotten” or, more accurately, the right to have personal information “delisted” or “deindexed” by providers of internet search engines (“ISEs”)

Careless talk costs careers

25/08/201915/09/2018 by dwillis

The recently published judgment in Forz Khan v Bar Standards Board provides insight into the professional consequences of careless talk and use of LinkedIn. It comes hot on the heels of an SDT judgment in Deborah Daniels who was prosecuted by SRA for making a series of Tweets that were offensive and which expressed hostility towards Islam, Catholicism and Judaism.

The two are completely unconnected but yet again lawyers have been professionally sanctioned for inappropriate communications. The only real surprise is that despite clear professional obligations that have been around for quite some time, they took place.

Can My Employer Reduce My Hours?

22/04/202315/09/2018 by dwillis

Question

“I need to know can my employer reduce my hours? I am the manager of a taxi firm and work 39 hours per week Monday to Friday. I am worried, can my employer reduce my hours? My boss used to drive my autistic son to his special school until an incident occurred and he refused to take my son on this contract. I reported him to licencing for driving while talking on his mobile. Things have never been the same since and he has now reduced my hours to 16 hours with immediate effect. I will only be working two days a week on minimum wage. He said I can use my holidays this week and start back next Thursday 31st March. My other problem is that he took on a part timer about three weeks ago and this doesn’t affect him, whereas I’ve been here for well over five years. I’m also concerned that he pays other people cash in hand to cover some shifts in the office.”

“Please can you tell me my rights, as I need to inform working/child tax that I’m going part time. Can he legally do this to me? He says things are financially strangling him and will cover my shifts. I’m paid cash, fully on the books, get a weekly wage slip along with a weekly wage. I claim working tax and child tax credits and am the sole earner in our household. I have never received a written contract, but so far, he’s stuck to all aspects of employment law i.e. 28 days holidays etc and the correct minimum wage.”