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Author Archive: Rosie Evans

Patterson v Castlereagh Borough Council [2015] NICA 47

Posted by on July 30th 2015 in Blog Posts, Employment

The law surrounding the calculation of holiday pay is in a state of evolution. The starting position is that employees are entitled to receive ‘normal remuneration’ during periods of annual leave. However what is considered ‘normal remuneration’? It seems it is a fluid concept at the moment.

Last year the decision in Bear Scotland established that the types of payments that should be considered ‘normal remuneration’ include:

  • Commission payments.
  • Guaranteed and non-guaranteed overtime payments.
  • Standby payments
  • Emergency call-out payments.
  • Bonuses for attendance and performance (excluding bonus’s that are based on service or departmental performance rather than individual, unless taking holiday will negatively affect the bonus payment).
  • Acting-up...

Plumb v Duncan Print Group Ltd

Posted by on July 27th 2015 in Blog Posts, Employment

The Employment Appeal Tribunal's (EAT) decision in Plumb v Duncan Print Group Ltd clarifies that Reg 13 (9) of the Working Time Regulations 1998 SI 1998/1833 must be read as permitting a worker to take annual leave within 18 months of the end of the year in which it accrued where he or she was unable or unwilling to take it because of sickness. The EAT also held that the worker is not required to demonstrate that he or she was physically unable to take annual leave by reason of his or her sickness in order to benefit from...

Changes to Apprenticeships

Posted by on May 29th 2015 in Blog Posts, Employment

Changes to Apprenticeships

Changes to Apprenticeships

The new provisions relating to apprenticeships in England came into force on 26 May 2015 (by virtue of section 6 of the Deregulation Act 2015 (Commencement No. 1 and Transitional Saving Provisions) Order 2015 (SI 2015/994)). This amends the existing apprenticeship framework under the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009) by replacing apprenticeships under ASCALA 2009 with English Apprenticeships in England but not in Wales.

This reform is designed to simplify the existing statutory arrangements already in place and allow employers to design apprenticeship standards for their own sectors.

Under these new provisions an “approved English...

The Ashers Bakery Case

Posted by on May 27th 2015 in Blog Posts

The decision in Lee v Ashers Baking Co Ltd [2015] NICty 2 has highlighted the problems Businesses face in relation to conflicting protected rights.

Summary of facts

The Plaintiff is a gay man associated with QueerSpace, a volunteer led organisation for the Lesbian, Gay, Bi sexual and Transgender Community. Following Political debates on the issue of whether gay marriage should be legalised in Northern Ireland the Plaintiff was due to attend an event in support of this cause. He placed an order with the Defendant for a cake with the logo of QueerSpace and the slogan “Support Gay Marriage”. Following the...

Changes in 'Drug-Driving' Law

Posted by on March 11th 2015 in Employment

Changes in 'Drug-Driving' Law

The new law in relation to ‘drug-driving’ which came into force on 2 March 2015 in England and Wales is set out in section 5A of the Road Traffic Act 1988 which was inserted by section 56(1) of the Crime and Courts Act 2013 and brought into force by the Crime and Courts Act 2013 (Commencement No. 1) Order 2014 (SI 2014/3268).

It is now an offence for a person to drive or attempt to drive a motor vehicle on a road or other public place, or be in charge of a motor vehicle on a road or other public place,...