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The Latest News from Acton Jennings.

Newsflash December 2017: Holiday Pay

Posted on Thursday 30th Nov 2017

We hardly seem to get a break from holiday pay cases. The most recent one, a Court of Justice of the European Union judgment handed down 29 November 2017, has far reaching implications. The case is King - V - Sash Windows.

What, for ease of expression, we call Mr King’s ‘employer’, believing that Mr King was self-employed for the thirteen years he worked for him, did not give Mr King paid holiday. Mr King sought back pay to 1999, the start of his employment.

Mr. King succeeded at the ET but failed at the EAT. The Court of Appeal then referred the matter to the European Court of Justice

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October 2017 Newsletter

Posted on Thursday 19th Oct 2017

Bereavement Leave

The government published the Parental Bereavement (Pay and Leave) Bill last week When enacted the legislation will create the right to two weeks’ paid leave to any employed parent who loses a child under the age of 18. It is horrible to express it so bluntly but the leave is per deceased child. Eligibility will not be related to length of service but employed parents with at least 26 weeks’ continuous service have an additional right to receive statutory parental bereavement pay.

There is currently no legal requirement to offer grieving parents paid time off work so

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Data Protection News

Posted on Wednesday 18th Oct 2017

DATA PROTECTION

As an employer, we need to process your personal data. “Process” means the retrieval, management, transmission, destruction and retention of employee personal data.

“Personal data”, under legalisation which will come into force in May 2018, (General Data Protection Regulation (commonly called the GDPR)) will include information relating to any living person, who can be identified directly or indirectly by such information (e.g. name, ID number, location data, an online identifier, one or more factors specific to the physical, physiological, genetic, mental, economic or

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SEPTEMBER 2017 NEWSLETTER - New Standards for Ladders published

Posted on Friday 22nd Sep 2017

New Standard for Ladders

A revised set of new EN131 ladder standards covering all types of portable ladders (step, pole, extending and combination) are due to be introduced to the European market from the 1st January 2018. The British Standards, BS 2037 and BS 1129 (often referred to as Class 1 and Class 3 ladders) now must be amended to remove conflicting products, which means that, after a transition period, certified ladders from these standards will no longer be available. The changes are designed primarily to address ladder stability and durability and introduce a classification of

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August 2017 Newsletter - Holiday Pay: Voluntary Overtime

Posted on Friday 4th Aug 2017

Holiday Pay: Voluntary Overtime

 

We are aware that some of our clients, when calculating holiday pay, do not take into account payment for overtime worked in the preceding period because they term it “voluntary overtime”. That is, holiday pay is calculated at the contractual rate. Previous Newsletters in July 2015 and May 2016 have set out our view that this approach is not in accordance with the legal situation.

Further support for the view that voluntary overtime, normally worked, is ‘normal remuneration' to be taken into the reckoning when  calculating holiday pay is provided by 

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