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At the end of law week, it was confirmed that the trade union Unison has been given permission to take to the Supreme Court its challenge against the introduction of employment tribunal fees. Employment tribunal fees came into force in July 2013, as part of the then coalition government’s attempt to crack down on what it considered to be a large number of spurious tribunal claims.
Employers who follow employment law will be aware that there has, for some time, been confusion regarding whether the calculation of an employee’s holiday pay should take account of commission. Now, the Employment Appeal Tribunal (EAT) has upheld a decision of the Leicester employment tribunal in the case of Lock v British Gas, to the effect the Working Time Regulations 1998 (WTR) can be interpreted to include commission payments in the calculation of the four weeks’ annual leave provided by Reg 13 of the WTR.
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It is accepted that many employers will have a dress code, some require a uniform to communicate a corporate image and ensure customers can easily identify them. Others may cite health and safety as a reason for certain attire, such as health workers not wearing jewellery. But what if the employer simply does not want its receptionist wearing body piercings or visible tattoos?
Whether they are prepared to admit it or not, some industries are frequently accused of discriminating against women. Of those the financial sector and the Police seem to have more than their share of allegations. That is not to say that they do not have senior female employees, but there are a number of cases where their treatment of women has been legitimately called into question. One such case was recently ruled on against the Police and its treatment of a black female officer, which was held to be "vindictive … spiteful … insulting, malicious and oppressive" treatment.
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