Author: Emma Browning

The cost to employers of defending an employment tribunal claim was highlighted when Times Higher Education reported that a university had spent more than £200,000 defending an unfair dismissal claim that could, it said, have been settled for much less. We are often asked by our clients, should we fight or settle a claim and this case highlights the need to think very carefully about how you respond to an employment tribunal claim. Here’s our thoughts on what you should consider. Controlling legal costs Extensive legal costs are not inevitable.…

There is no specific legislation setting out how to calculate holiday pay for term-time workers. Employers must ensure that the paid holiday of term-time workers is not less favourable than that of full-time workers (as this would be unlawful under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)). Employers must also ensure that term-time workers receive at least the statutory minimum entitlement of 5.6 weeks’ paid annual leave a year. The employer can designate periods during the school holidays to be the term-time worker’s annual leave…

Employers are obliged, under reg.4 of the Working Time Regulations 1998 (SI 1998/1833), to take all reasonable steps to ensure that the 48-hour limit on weekly working hours is complied with. This means that, in this situation, both employers will be obliged to ensure that the employee’s total working hours in the two jobs combined do not exceed this limit unless the individual has chosen voluntarily to sign an opt-out agreement. If an employer knows or suspects that one of its employees has another job, it should make reasonable enquiries…