Author Archives: nestor

Regular voluntary overtime should be considered ‘normal’ when calculating holiday pay

Regular voluntary overtime should be considered ‘normal’ when calculating holiday pay White & Others v Dudley Metropolitan Borough Council [2016] 1300537/2015 Employees who regularly work voluntary overtime beyond their contracted hours might be eligible for holiday pay on that overtime,  The ruling in White & Others v Dudley MBC looks likely to add another level of […]

What makes it religious discrimination?

Gareddu v London Underground LTD Ltd ET/2201116/2015 Turning down a long holiday request for an employee, who wanted the time off for religious reasons is not religious discrimination. If the religious events are not obligatory within the faith and/or there is a legitimate business need an employer can refuse the request. Background Mr Gareddu is […]

Be careful what you say when being asked for a verbal reference..

Pnaiser v NHS England and another EAT/0137/15 Withdrawing an offer of employment after receiving a negative verbal reference about someone’s disability is disability discrimination. Background Ms Pnaiser was made redundant from Coventry County Council, as part of her severance agreement it was agreed that she would be provided with a basic reference stating that she “always […]

Asking employees to speak English in the work place, discrimination?

Kelly v Covance Laboratories Ltd UKEAT/0186/15/LA You can insist on employees only speaking English in the workplace. Background Mrs Kelly was employed at Covance Laboratories Ltd. Mrs Kelly’s line manager believed that she was acting suspiciously because she was taking phone calls and speaking in her native Russian tongue. Her line manager asked that she did not […]

Holiday pay should include commission

British Gas v Lock EAT/0189/15 Holiday pay should include commission. Background Mr Lock made a claim to the employment tribunal that he was owed money that he lost out on by going on holiday as his holiday pay did not relect his results-based commission. This was then referred to the European Court of Justice (ECJ) […]

No fixed place of work – Travel time within working hours

Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL, and Tyco Integrated Fire & Security Corporation Servicios SA   The European Court of Justice has ruled that where there is not “a fixed or habitual place of work”, time spent travelling to and from work (their first and last customer) will […]

Modern slavery statement required by large employers – Oct 2015

Large employers will have to publish a modern slavery statement for each financial year from October 2015. There will be a requirement to produce a “slavery and human trafficking statement”, setting out the steps taken to ensure no slavery exists in organisations’ supply chains.  The Modern Slavery Act 2015, introduces a variety of changes to UK […]

Disability discrimination:  Association with a disabled person / carer

Truman v Bibby Distribution Ltd ET/2404176/2014 The sudden dismissal of an employee with caring responsibilities who is performing satisfactorily will raise suspicions of associative disability discrimination. Background Mr Truman commenced employment on 14 October 2013. His hours were 8am to 4pm, although he often worked longer hours and had to travel the country. Mr Truman, […]