The statutory entitlement to holiday under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 is to a total of 5.6 weeks’ annual leave each ‘leave year’, made up of: • a basic entitlement to a minimum of four weeks’ annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive (WTR 1998, SI 1998/1833, reg 13) • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only (WTR 1998, SI 1998/1833, reg 13A) In the first year of an individual’s employment, this holiday entitlement is subject both to the pro-rata provisions of WTR 1998, SI 1998/1833, regs 13(5) and 13A(5), and the accrual provisions of

For information on the right to statutory paid holiday under the Working Time Regulations 1998, SI 1998/1833 generally, and how it is calculated, see Practice Notes: Statutory paid holiday—the right and Statutory paid holiday—calculating holiday pay. For information on remedies for non-payment of statutory sick pay (SSP) and contractual sick pay, see the section: ‘Remedies’ of Practice Note: Sick pay. If an employee brings an unlawful deduction from wages claim under section 23 of the Employment Rights Act 1996 (ERA 1996) in respect of unpaid holiday pay (or contractual

The nature of pay and wages The essence of employment is pay in return for work; there is a duty to pay wages whenever an employee is ready, willing and able to work. Generally, it does not matter whether there is any work for them to do. As Lord Templeman put it in Miles v Wakefield MDC: 'In a contract of employment wages and work go together. The employer pays for work and the worker works for his wages. If the employer declines to pay, the worker need not work. If the worker declines to work, the employer need not pay. In an action by

The question relates specifically to an obligation on the contractor to inform the employer that what he is asked to build does not comply with the Building Regulations 2010 (the Building Regulations), SI 2010/2214. This implies that the contractor had no part in preparing the design and plans for the work. If there is an express term in the contract that the contractor will check the proposed design and confirm compliance with the Building Regulations, SI 2010/2214 then clearly the contractor will have a contractual duty to warn of any prospective failure to comply with the Building Regulations, SI 2010/2214 when the works are completed. The Joint Contracts Tribunal (JCT) standard forms contain relevant express obligations in respect of compliance with the Building Regulations, SI 2010/2214. In the JCT Minor Works standard form Clause 2.1.1 provides that: '…the Contractor

Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) itself describes issues pertaining to data protection officers (DPOs) at Articles 37 to 39. Specifically, at Article 38(3), the Regulation provides the following protection to a DPO: ‘[The data protection officer] shall not be dismissed or penalised by the controller or the processor for performing his tasks.’ This protection is mentioned in Practice Note: Data protection officer (see under the heading Protected status of the DPO). This

Unlike an ordinary unfair dismissal claim, no qualifying period of employment is needed to make a claim for discrimination or other prohibited conduct under the Equality Act 2010 (EqA 2010). For more information, including examples of parallel discrimination and unfair dismissal claims, see the section ‘Qualification periods’ of Practice Note: Prohibited conduct claims: time limits. For information on disability discrimination generally, see Practice Note: Disability discrimination. EqA 2010 sets out various ways in which employers must not ‘discriminate’. The word ‘discriminate’ in this context refers to multiple types of conduct

For information on the right to a statutory redundancy payment generally, see Practice Note: Entitlement to statutory redundancy payment. It is important to identify the ‘relevant date’ for redundancy payment purposes under section 145 of the Employment Rights Act 1996 (ERA 1996) because it is the date: • upon which the two years’ qualifying period for a redundancy payment is determined • as at which the amount of the redundancy payment is calculated • from which (subject to the extension for early conciliation)

If an employee has a disability, failure to award them a pay rise that is awarded to other staff during a period of sickness absence may, depending on the facts, give rise to claims for: • discrimination or other prohibited conduct under the Equality Act 2010 (EqA 2010) • constructive dismissal, eg based on an express or implied contractual right to a pay rise, or breach of the term of trust and confidence For information: • on the definition of a disability under EqA 2010, s 6, see Practice Note: Disability • on disability discrimination generally, see Practice Note: Disability discrimination • on constructive dismissal and the term of trust and confidence, see Practice Notes: Constructive dismissal and The term of trust and confidence If an employee has a disability, failure to award them a pay rise that is awarded to other staff

The duty to make reasonable adjustments under the Equality Act 2010 (EqA 2010) comprises three requirements. The element that is common to all three requirements is that they will only apply where a disabled person is put at a substantial disadvantage in relation to a ‘relevant matter’ in comparison with persons who are not disabled. The distinction between the three requirements is that each one contemplates a different cause of that substantial disadvantage: • the first requirement applies where a ‘provision, criterion or practice’ applied by or on behalf of the person subject to the duty (eg the employer) causes such a disadvantage • the second requirement applies where a ‘physical feature’ causes it • the third applies where a disabled person would be put at such a disadvantage if an ‘auxiliary aid’ were not provided For further information, see Practice Note: Duty to make reasonable adjustments. Consideration should be given as to whether either: (a) the supplier

It is assumed that the default statutory scheme set out in the Maternity and Parental Leave etc Regulations 1999 (MAPLE Regs 1999), SI 1999/3312, Sch 2 applies. For information on parental leave generally, see Practice Note: Parental leave. The default statutory scheme set out in MAPLE Regs 1999, SI 1999/3312, Sch 2 applies where there is no contractual right to parental leave and where there is no collective or workforce agreement which is incorporated into the employee’s contract . This response assumes that the default statutory scheme applies. The employee must give the employer notice of the precise start and finish dates of the parental leave at least 21 days before they wish to take it. The employer cannot refuse

The employer of the pension scheme must follow the same process for establishing active membership under automatic re-enrolment as required under automatic enrolment. This means that the employer must follow the same steps set out in law as for automatic enrolment so that the relevant jobholders become active members with effect from their automatic re-enrolment date. If the arrangements to achieve active membership are made after the automatic re-enrolment date, active membership must be backdated to that date, and contributions are due and must be payable from that date. This means

Duty to make reasonable adjustments The duty to make reasonable adjustments set out in the Equality Act 2010 (EqA 2010) (referred to below simply as ‘the duty’) comprises three requirements. The third of these is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid. The contexts in which the duty will apply will vary between different types of workplace. Under all three requirements, the duty will only apply where a disabled person is put at a substantial