Employment issues

Posted on January 1st, by editor in Caring Times. No Comments

|PETER GROSE highlights a number of recent developments in employment law which care providers should be aware of.| Å’Rolled-up¹ holiday pay ­ is it lawful? The story continues . . Is it lawful to “roll-up” a worker¹s statutory entitlement to four weeks¹ holiday pay into his basic rate of pay? This question is of particular relevance in relation to workers engaged on an “as needed” basis or on annualised contracts. The variability in the hours worked by these workers can cause administrative difficulty. One solution is to add the worker¹s holiday pay entitlement to the basic hourly rate. This means that the worker receives his/her holiday pay when he/she is working, but does not receive any payment when “on holiday”. Whether or not this practice is lawful lies in the correct interpretation of the holiday provisions of the Working Time Regulations 1998 (Regulations). We now have another case to consider, but first a re-cap. on the two earlier cases:- In the 2002 EAT case of Gridquest Ltd v Blackburn & Oth

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