Employment law – a few cautionary tales

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

|Employment law is as much a minefield as it ever was and care sector employers are as much at risk as anyone. Peter Grose highlights some areas where employers should tread carefully.| 1. Working Time Regulations ­ Holiday Pay In the case of Blackburn v Gridquest Ltd, the Court of Appeal confirmed the principle that it is possible for an employee¹s hourly, daily or weekly rate of pay to include an element of “rolled up” holiday pay. However it is important for the contract of employment to expressly state (and for the employee to have agreed) that the rate of pay comprises the two elements, ie the rate of pay for the job and the holiday pay entitlement and to identify the amount of the two elements. In the Gridquest case, prior to the Working Time Regulations coming into force, the workers did not have any entitlement to paid holiday. The employer sought to avoid the increased cost of providing paid holiday by deeming the hourly rate of pay to be inclusive of an element of holiday pay, effectively reducing

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