Jun 2014
4
Changes to Holiday Pay Calculations
As we enter the summer holiday season employers need to ensure that they are paying their employees correctly during annual leave.
A recent decision by the European Court of Justice (ECJ) will impact how some annual leave pay is calculated.
Do you pay employee’s commission? Is the commission calculated based on the amount of sales made or actual work carried out? If yes, according to the ECJ, holiday pay should include commission pay.
The decision was made in the case of Locke v British Gas Trading and Others. Locke was a Sales Representative whose commission made up approximately 60% of his remuneration. After taking two weeks leave in 2011, Locke suffered financially as he was unable to generate sales for the period he was on annual leave.
The ECJ ruled that the purpose of annual leave is to allow a worker to enjoy a period of rest and relaxation with sufficient pay. By not including commission payments with holiday pay, employees are less likely to take annual leave so as to avoid financial hardship.
It has been left to the national courts to determine how to calculate the commission to which a worker is entitled, however the court did suggest that taking an average amount of commission earned over a certain period, e.g. the previous 12 months.
Employers are advised to review their commission policies to establish which, if any, payments need to be included in annual leave pay.
Aug 2013
30
Whistleblowing Legislation – Be Prepared
This July the Government published the Protected Disclosures Bill 2013, commonly known as the “Whistleblowing Bill”. The aim of the bill is to combat corruption and promote a culture of public accountability and transparency. The Bill encourages workers to disclose information relating to wrongdoing in the workplace by offering protection against penalisation should they make a protected disclosure / blow the whistle.
When the Bill is enacted, likely to be later this Autumn, a whistleblower’s protection will include protection from dismissal or any form of penalisation by their employer. If an employee is found to have been dismissed unfairly for having made a protected disclosure, employers could be faced with compensation payments of up to 5 years remuneration. The usual service level of 1 year for cases of unfair dismissal will not apply to Whistleblowing cases.
In preparation of this new legislation, employers are advised to start reviewing their internal policies and procedures and to start considering establishing a robust whistleblowing policy to suit their business. Should you require assistance, Bright Contracts will be providing template policies and guidance on how deal with whistleblowing complaints.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
