May 2014 Archive

Statutory holiday pay to take commission payments into account

The ECJ has held that under the Working Time Directive, a worker who receives commission payments which are directly and intrinsically linked to the performance of the tasks he is required to undertake as part of his contract of employment is entitled to have that commission taken into account when calculating statutory holiday pay.

Civil penalties and preventing illegal working

The Immigration Bill, which completed its passage through the House of Commons on 30 January, received Royal Assent today (14 May). Included in the bill are major changes to Section 15 of the Immigration, Asylum and Nationality Act 2006 which contains the legislation governing the imposition of Civil Penalties on employers who employ illegal workers. There are changes both to the level of civil penalty that may be imposed and also to the documents an employer needs to check in order to establish a statutory excuse against receiving a civil penalty.

Force majeure – Just another “boilerplate” clause?

A force majeure clause is designed to excuse one party (or both) from performing affected obligations in a contract following the occurrence of certain events or circumstances. However, whilst it may come as a surprise to some business people, the term “force majeure” has no meaning under English law. Rather, “protection” is only afforded if the applicable circumstances are specified in a written contract; it will not be implied .
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