It’s not every day that the government responds to a decision of the Employment Appeal Tribunal with a taskforce, but then it’s not every day that the EAT makes a ruling with the potential to affect so many employers. European and domestic decisions mean that some commission and overtime payments must be taken into account when calculating holiday pay. Sarah George, employment barrister, explains that the worker’s holiday pay must be based upon normal remuneration, “The courts’ view is that the worker’s right to paid annual leave means that they must not be discouraged from taking time off work because of the effect on their wages.” However, the appeal judge may have denied some others the right to claim by firmly applying a 3 month time limit. If unchallenged, that time limit will reassure employers still trying to make provision for old equal pay claims.
Disputes involving equal pay or holiday pay claims are but two examples of a range of employment situations which are dealt with by specialist employment barristers at St Philips Employment. “Just at a time when important developments in the law are changing the rights and obligations of employers and employers, it is becoming harder to seek redress from a tribunal.” says Jonathan Gidney, specialist discrimination barrister, “We are constantly advising clients, worried about the early conciliation procedures and the introduction of fees for issuing claims in the employment tribunals”.
The team has “quality barristers at all levels of experience” working to find a practical solution for employees and employers alike. That often means flexibility about how they are instructed: working regularly with legal expenses insurers and also providing mediation and alternative dispute resolution options. Many accept public access work to assist those with the greatest need for cost effective access to justice. We stay with a case and can assist right through to its conclusion. “With a strong reputation for providing employment advice and advocacy” says Ed Beever, Head of Employment, “we are increasingly finding that business is coming to us both through the traditional means of solicitor referrals as well as direct access and relies on our strength of experience and knowledge of the business environment in the Midlands and beyond”.
Join us at St Philips Employment Seminars 2015, held in Birmingham, Leeds and London when our employment specialists provide practical answers to current issues. For further information or to register your interest for these free seminars, please email employment@st-philips.com
