Holiday Pay Latest

It’s now a few months since the ‘Bear Scotland’ holiday pay case. This bulletin discusses the latest developments.
The above case created a rule (it did not change legislation) that says 20 days of holiday pay per year should include non-guaranteed overtime payments. Importantly for employers, the Claimant was denied the opportunity to make a claim for past holiday pay, although leave to appeal was granted on this point.
Following this case there has been considerable analysis of what payments should be included in the calculation of holiday pay. The Bear case mainly considered overtime and the various contractual arrangements to work [overtime]. Overtime can be summarised as originating

Whistleblowing – research update

Changes to the law on Whistleblowers that were introduced in June 2013 should have led to employers reviewing and updating their policies in line with the legislation changes. However recent international research by Freshfields Bruckhaus Deringer has highlighted that in more than half of the Companies surveyed there was no whistleblowing policy or where there was, it had not been publicized. It would appear that the law is not enough to protect whistleblowers without a culture change in the workplace as three quarters of the HR professionals questioned felt that Senior Managers would either treat them less favourably or find ways to dismiss them if they were to “blow the

New guidance published for employers on the Fit for Work Scheme

The Government has produced new guidance for employers, employees and GPs on the Fit for Work Scheme. The scheme is due to be rolled out April 2015.

Fit for Work is free and there are two elements: (a) an advice service providing health and work advice through a website ( (England and Wales) and (Scotland)) and a telephone line (0800 032 6235 (England and Wales) and 0800 019 2211 (Scotland)) to help with absence prevention, and (b) a referral service providing an occupational health assessment and a return to work plan for employees who have been off sick from work, or who are likely to be off sick from work, for

“Day One” Right to Unfair Dismissal for Reservists

Reservists are entitled to a “day one” right to claim unfair dismissal if they feel that the reason for their dismissal is the result of absences from work due to their membership of the Reserve forces.

This change to the law became effective from 1st October 2014 and means that from the first day of employment a reservist can make a claim for unfair dismissal rather than, as previously, having to meet the qualifying period of 2 years which is usual for many other types of unfair dismissal claims.

Previously, meeting this length of qualifying service was difficult for reservists as time not spent in active service did

Sickness Absence Management Advice For Employers

Most organisations accept that some level of sickness absence is inevitable; however the costs associated with high levels of absence are significant. Organisations are often unaware of how to tackle this problem or even if the law permits this to occur. By following our procedures we can solve this problem within your business.
Sickness Absence Management Advice For Employers - Identifying the extent of the problem
The first step towards eliminating significant sickness absence problems is to collect data on individual absence and identify individual and collective trends. Retained Clients of EBS Law can request our template that will assist and simplify this part of the process.

There are