An employment tribunal has held that overtime payments should count when calculating holiday pay as long as the extra hours are “intrinsically linked” to the employee’s overall work and duties. The judgment brings the UK closer to EU law in relation to the Working Time Regulations. The employee at the centre of the case, Mr
A black driver has been awarded £27,000 compensation after he became upset at hearing a colleague being called racist nicknames. Roy Morgan worked for a fruit and veg wholesale company inGloucester. He was not subjected to direct racism himself but often heard his colleague, Brian Ennis, referred to by other workers as ‘golliwog Brian’ and
The Government says it is urgently exploring whether new legislation is needed following a controversialAppeal Courtruling which affects tenancy deposit protection (TDP). The case of Superstrike Ltd v Marino Rodrigues involved a tenant who had taken an assured tenancy for a fixed term of one year less one day from January 8, 2007 and paid
A businessman has won the right to buy his brother’s share of a jointly owned company after a breakdown in their relationship. The case involved two brothers who had a holding company involving several businesses. The most valuable asset was a hotel valued at £4.65m. The other assets were valued at a total of £1.4m
A group of tenants have lost their appeal relating to a lease agreement which obliges them to pay service charges that increase at a compound rate of 10% a year. The case involved tenants with long leases of holiday chalets at a leisure park. Their leases, dating back several years, contained a clause saying they
A publishing company has failed in its bid to stop a former employee hiring some of its staff and contacting its customers. A court ruled that a restrictive covenant designed to prevent the employee setting up a rival business was too broad to be enforced. The case involved a company that published free electronic magazines.
TUPE regulations protect the interests of employees when their employment is transferred from one organisation to another. But to what extent should the new employer be bound by future national, collective pay agreements over which it has no control or influence? The Court of Justice of the European Union (CJEU) has decided that it would
A woman has been awarded £15,250 compensation after hot tea was spilt on her in a restaurant. The 21-year-old Chinese university student had visited the restaurant with some of her classmates. A waiter was carrying a tray of hot tea when he was knocked by another member of staff. Some of the tea spilt on
When drawing up a contract for consultancy work it is important that both sides agree what the objectives are and what will constitute success. If there is no clear understanding, disputes can arise over fees, as shown in a recent case before the High Court. It involved a company that engaged a consultant to advise
The High Court has ruled that a commercial tenant that continued to occupy its premises after the lease expired had effectively created a new annual periodic tenancy and so was liable to pay 13 months’ rent. The issue arose after the tenant’s lease expired in 2009. No new lease was signed but the tenant remained