A couple of personal injury questions in the mix this week:
Is it correct that a term-time employee is not entitled to 5.6 weeks holiday?
Union recognition
Can my employer make me take holiday rather than unpaid leave for hospital appointments?
Too long on suspension
Where can I learn more about workplace law and HR?
Genuine overpayment of salary or an unlawful deduction from pay? (Pt 1)
Genuine overpayment of salary or an unlawful deduction from pay? (Pt 2)
Personal injury at work - next steps
Personal injury at work. Do I have a claim?
Top performer placed on a performance improvement plan!
Is it correct that a term-time employee is not entitled to 5.6 weeks holiday?
Q. My Scottish based employer says the part year 5.6 week holiday doesn’t apply too me as I work school term time.
A. Following a recent Supreme Court ruling (Harper Trust v Brazel), it has confirmed that even though you only work term time, you are entitled to 5.6 weeks holiday. This may mean that you receive more than someone working 52 weeks of the year, but they have interpreted the European Working Time Directive quite literally even though it throws up this anomaly.
The government has just launched a consultation into this very issue, which will undoubtedly close this loophole and restrict your holiday entitlement so that it is pro-rated as it used to be. This will not come into effect until well after the consultation has concluded, so enjoy your additional holiday whilst you can!
Union recognition
Q. Hi how many employees do you need to be in the union before the union can be recognised?
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