Employment Edit – what's new in employment law

Commission should be included in the calculation of holiday pay; an employer may limit the scope of its investigation where an employee admits allegations of misconduct; and more…

26 March 2015

Welcome to Employment Edit, our regular update giving the pick of the key developments in employment law from the last couple of weeks:

  • Holiday pay – The Leicester Employment Tribunal has issued its judgment in Lock v British Gas confirming that commission should be included in the calculation of holiday pay. This only applies to the four weeks’ holiday pay under the EU Directive and not the additional 1.6 weeks under the Working Time Regulations, but the effect of the decision could go beyond individual commission and capture other payments. We are currently considering the implications of the decision and will issue a more detailed update soon.
  • Misconduct – In a useful decision for employers, the EAT has held that, in certain circumstances, an employer may limit the scope of its investigation where an employee admits allegations of misconduct. However, in any particular case further investigation may be required in order for an employer to show it has carried out as much investigation as is reasonable in the circumstances. CRO Ports London Ltd v Wiltshire UKEAT/0344/14.
  • Whistleblowing – BIS have published Whistleblowing Guidance for Employers and Code of Practice and Whistleblowing Prescribed Persons Guidance.

If you would like more information, or specific advice, please contact Roger Bull or get in touch with your usual Burges Salmon contact.

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Roger Bull

Roger Bull Managing Partner

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