CJEU clarify the basis of holiday pay calculations under European law for short-time workers

Hein v Albert Holzkamm GmbH related to a construction worker in Germany working under a collective agreement providing that holiday pay would be paid on the basis of a 13-week average calculation in accordance with national law in Germany.  After a 26-week lay-off, his holiday pay was calculated on the basis of this 13 week average, excluding overtime, meaning that it was lower than his normal pay.

The Court of Justice of the European Union (CJEU) held that this breached EU law in respect of the 4 weeks' paid holiday guaranteed under EY legislation. As a result, the national legislation allowing for collective agreements to take into account reductions in earnings due to short-time working for calculating holiday pay was incompatible with EU law. 

Uber unsuccessful in the Court of Appeal in challenge to worker status

The Court of Appeal upheld the decision of the Employment Appeal Tribunal in Uber BV v Aslam & ors confirming Uber drivers' status as workers as opposed to self-employed contractors.

Using an app provided by Uber, passengers can book rides with drivers. The drivers are free to choose when they work and when they make themselves available to take bookings. Drivers are required to accept bookings if they make themselves available, and if they reject or cancel bookings too often they can be disconnected from the app for a specified time by Uber.

A number of drivers brought Employment Tribunal claims against the Uber group for unlawful deduction from wages due to the failure to pay the national minimum wage and failure to provide paid annual leave. In order to have standing to bring the claims the drivers had to show they were 'workers' within the meaning of the Employment Rights Act 1996, the National Minimum Wage Act 1998 and the Working Time Regulations 1998.

Clarification by Employment Appeal Tribunal of employers’ obligations to provide written particulars of employment

The EAT in Stefanko and others v Maritime Hotel Ltd held that an employee is entitled to a statement of particulars of employment even if they have worked for less than two months, provided they have completed one month of continuous employment. 

Section 1(2) of the Employment Rights Act 1996 sets out an employee's right to receive a written statement of employment setting out the main terms of their employment, whether they work full or part time.

Government loses indirect discrimination appeal

A claim was brought by around 230 judges challenging the government’s decision forcing younger judges to leave the judicial pension scheme.  Members closest to retirement age were permitted to remain on the scheme, whilst younger judges were transferred to a less generous scheme. 

Government publishes proposed changes to employment law in its "Good Work Plan"

The government has published proposed legislative changes to employment law in its "Good Work Plan" (the 'Plan'). The Plan was published in response to the review of modern working practices conducted by Matthew Taylor, the Taylor Review, and accepts changes implementing 51 out of the 53 changes suggested in the Review.

Upcoming Events

• Mock Disciplinary Investigation and Hearing - 27/02/2019
• Lancashire HR Employers' Forum - 06/03/2019
• Mock Employment Tribunal, Manchester - 14/03/2019
• Masterclass on the use of Social Media in the Workplace - 15/05/2019