Employment & Benefits, Lewis Silkin updates

United Kingdom

Contributed by Lewis Silkin
Voluntary overtime must be included in holiday pay if sufficiently regular and settled
  • United Kingdom
  • 17 July 2019

The Court of Appeal recently confirmed that the EU Working Time Directive requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. This ruling is in line with other recent cases which have covered what should be considered when calculating holiday pay. It provides clear authority that employers should include sufficiently regular and settled voluntary overtime in their holiday pay calculations.

Failing to enhance pay for shared parental leave is not sex discrimination
  • United Kingdom
  • 10 July 2019

In an emphatic judgment, the Court of Appeal has ruled that it is not direct discrimination, indirect discrimination or a breach of equal pay rights to provide enhanced pay for maternity leave and statutory pay only for shared parental leave (SPL). This judgment is good news for employers, as it sends a clear message that it is lawful to enhance maternity pay but provide statutory pay only for SPL.

Employee ordered to pay more than £500,000 in legal costs in breach of restrictive covenants and data privacy case
  • United Kingdom
  • 03 July 2019

Following a trial in the High Court where an employer was awarded final injunctions to prohibit a former employee from breaching post-termination restrictions, the losing employee was ordered to pay 90% of his former employer's legal bill. This is a useful decision for employers, as it demonstrates that a reasonable and proportionate email trawl need not infringe an employee's privacy rights.

Court of Appeal rules on liability of overseas co-workers for whistleblowing
  • United Kingdom
  • 19 June 2019

In an unusual case of whistleblowing detriment brought by an overseas employee against two co-workers (also based overseas), the Court of Appeal has ruled that the employment tribunal in question had no jurisdiction to hear the claim in relation to personal liability of the co-workers because they were outside the scope of UK employment law. The decision may have implications for other types of claim brought by employees posted overseas where similar personal liability provisions apply.

Good Work Plan – first steps down the path
  • United Kingdom
  • 05 June 2019

In December 2018, following Matthew Taylor's extensive review of modern employment practices, the government unveiled its Good Work Plan, which set out a long list of proposals. The employment law reforms mapped out by the government are still in their infancy, but this is a good moment to reflect on where things stand and what lies ahead.


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