Need to Know - Issue 2 2016
As expected, the EAT have dismissed the appeal of British Gas Trading Limited’ (“British Gas”) against the decision of the Leicester Employment Tribunal that the Working Time Regulations 1998 (“WTR 1998”) can be interpreted to include commission payments in the calculation of statutory holiday pay, in keeping with the EU Working Time Directive (“WTD”).
Following a lengthy consultation, the Government has now confirmed that it will introduce mandatory reporting for employers on the subject of gender pay gap.
In the recent case of Naeem -v- Secretary of State for Justice  EWCA Civ 1264, the Court of Appeal (“CA”) considered whether pay linked to length of service could be indirect religious or race discrimination.
This concerns a determination made by the Pensions Ombudsman following a complaint by a Mr Cherry that his employer owed him a duty of care to provide him with relevant information about the tax penalties on retirement benefits.