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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Voluntary Overtime should be included in Holiday Pay

In the latest decision on the question of which elements of wage need to be accounted for when calculating holiday pay, Dudley Metropolitan Borough Council v Willetts UKEAT/0334/16/JOJ, the Employment Appeal Tribunal (EAT) held that voluntary overtime payments should be included in holiday pay provided it can be classed as normal pay. This decision is significant since it is the first authoritative judgment issued by the tribunals or courts to examine the grey area of voluntary overtime and holiday pay.

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Are Contemporary Employment Laws Fit for Purpose?

The modern evolution of the “gig economy” through the growth of companies including Uber, Deliveroo and Pimlico Plumbers, is challenging the existing construction of employment law and its ability to adapt to and regulate this type of modern-day employment. If left unregulated, this working environment has the potential to give rise to increased job insecurity and contribute to the vulnerability of workers engaged without rights including sick pay and holiday pay. 

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Contract Law Update: Third Party Rights

Jus quaesitum tertio is the Latin name for the legal doctrine governing third party rights under Scottish contract law. This extremely out-dated and inflexible law is now the subject of a much-needed review.

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Tackling Cancer-Causing Diesel Emissions

In its response to the UK Government’s Air Quality Plan, the Institution of Occupational Safety and Health (IOSH) has called on the Government to support its campaign to reduce worker exposure to cancer-causing diesel particulates.

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UK Supreme Court Rules Employment Tribunal Fees Unlawful

The UK Supreme Court has ruled that Employment Tribunal fees are unlawful since they have the effect of preventing access to justice for claimants. Wednesday’s decision comes following the case brought by UNISON against the government. Having been unsuccessful in their previous challenges in the High Court and the Court of Appeal, the UK Supreme Court have unanimously agreed that the fees scheme imposed is unlawful.

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