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14 October 2016
Issue: 7718 / Categories: Case law , Law digest , In Court
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Employment

British Gas Trading Ltd v Lock and another [2016] EWCA Civ 983, [2016] All ER (D) 49 (Oct)

The Court of Appeal dismissed an employer’s appeal against an interpretation by the employment tribunal of reg 16 of the Working Time Regulations 1998 (SI 1998/1833). The effect of that interpretation was to deem a “commission or similar payment” case that, but for such additional paragraph, would fall within s 221(2) of the Employment Rights Act 1996 as instead falling within s 221(3) and so to bring into play the 12 week averaging exercise for which it provided. That meant that the employee’s holiday pay was to be calculated to include an element referable to the amount of results-based commission he normally earned.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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