HR Update: enhanced shared parental pay, holiday pay for casual workers, when to consider redundancy bumping
Jack Harrington
09/05/2018

What’s new
This month we look at the latest statistics from the Employment Tribunal and Acas, a consultation on paid bereavement leave, and the new rates for national minimum wage and tribunal awards. Read more
We also cover some other key changes which came into force in April including changes to the Tax treatment of termination payments. Read more
Case law review
Shared parental leave
In the case of Mirab v Mentor Graphics (UK) Ltd the EAT considered the topic of ‘bumping’ in a redundancy situation and specifically whether an employee must specifically raise the option of ‘bumping’ before an employer is under a duty to consider it. Read more
Redundancy ‘bumping’
In the case of Mirab v Mentor Graphics (UK) Ltd the EAT considered the topic of ‘bumping’ in a redundancy situation and specifically whether an employee must specifically raise the option of ‘bumping’ before an employer is under a duty to consider it. Read more
Holiday pay for casual workers
It is a truth universally acknowledged that workers are entitled to 5.6 weeks paid holiday under the Working Time Regulations. In most cases, the maths is straightforward. A worker on a 5 day week is entitled to 28 days paid holiday and this is pro rated for part timers. However when it comes to workers on zero hours or other more irregular contracts, the position is less clear. In the recent case of Brazel v Harpur Trust, the EAT looked at the calculation of holiday pay for a music teacher on a term time zero hours contract. Read more
References
In the case of Hincks v Sense Network Ltd, the High Court dismissed a claim that an employer had been negligent when providing a reference for a former employee. Read more
GDPR update
The ICO has now published detailed guidance on the “legitimate interests” basis for processing personal data, which provides an explanation of this legal basis for processing, when it can be used, and a suggested approach for implementation. Read more
The ICO has also published draft guidance on data protection impact assessments and provided a draft template for a data protection impact assessment. These documents were produced in draft form for a consultation which has now closed, so may be amended in their final form. Nonetheless, they provide useful guidance for organisations who will be obliged to carry out assessments under the GDPR. Read more
Who to Contact
Jack Harrington
Head of Employment
0161 393 9050
jack.harrington@pannonecorporate.com

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