Monthly Archives: August 2016
August is typically a popular time for holidaymakers as many take advantage of the summer sun, trading the pressures of work for adventures abroad. Almost all workers in the UK have the right to at least 5.6 weeks paid holiday each year, although a significant case currently proceeding through the courts could dramatically impact upon the amount of holiday-time equates to paid vacation and on what basis.
Lock vs. British Gas Trading Ltd recently resurfaced in the Court of Appeal after first appearing at tribunal in April 2012. This dispute brought forward by Mr Lock, a British Gas salesman, argued that he should have commission considered when calculating his holiday pay. He claimed that 60% of his typical salary was based on commission, but his wage while on holiday was reduced to its basic structure.
The Employment Appeal Tribunal (EAT) reac…
The Court of Protection has initiated a new Case Management Pilot Practice Direction, which will commence officially on 1 September 2016 for an expected duration of up to 12 months. The pilot scheme is divided into three pathways in relation to CoP proceedings, these being Property and Affairs, Health and Welfare, and a hybrid pathway that encompasses elements of both property and health.
This scheme has a number of significant aims to improve the speed and consistency of cases held in the CoP. Applicants will be obliged to provide improved analysis of their claim at the start of the case, allowing for their advocates to provide more robust case management decisions. This also allows for any issues to be acknowledged at the outset of proceedings and handled appropriately.
The pilot direction encourages the early resolution of cases as a means …