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26 February 2009 / Roderick Ramage
Issue: 7358 / Categories: Features , Legal services , Terms&conditions , Employment
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Law in 101 words

Snippets from The Reduced Law Dictionary by Roderick Ramage

Apportionment of holiday pay Mr Jenkins’ employment ended with some holiday entitlement not taken. His employer, purporting to apply the Apportionment Act 1870, divided his annual pay by 365 and multiplying it by the 14.5 days’ holiday not taken. He complained that the portion of his salary had been calculated with reference to a seven-day week while the period of his holiday entitlement had been calculated with reference to a five-day week. In Jenkins v IACR Rothamsted [2001], the EAT agreed. Nothing in the Act required like to be compared with unlike. The daily rate of pay had to be multiplied by 20.5.

 

Bonus and maternity pay

Don’t go on maternity leave at bonus time. In Lewen v Dender [2000], the ECJ said that where a bonus is a reward for work done, the employer may reduce it proportionately for an employee’s absence on maternity leave, but (proving that the ECJ is reality detached) if it is to encourage

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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