The Interplay of the Coronavirus Job Retention Scheme & Holiday by Adam Willoughby – Broadway House Chambers

‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’

Full Story

Broadway House Chambers, 9th April 2020

Source: broadwayhouse.co.uk

Package Travel and Educational Institutions – 39 Essex Chambers

‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’

Full Story

39 Essex Chambers, 8th April 2020

Source: www.39essex.com

The Coronavirus Job Retention Scheme: More Holiday Cancellations? – Littleton Chambers

Posted April 16th, 2020 in coronavirus, employment, holidays, news by sally

‘With the JRS there are precious few known knowns, plenty of known unknowns and one suspects a few unknown unknowns; that is to say, things we only realise we didn’t know when the detailed rules of the scheme are published.’

Full Story

Littleton Chambers, 2nd April 2020

Source: www.littletonchambers.com

Short lets and breach of lease – Nearly Legal

Posted March 16th, 2020 in holidays, housing, leases, news, tribunals by sally

‘A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease.’

Full Story

Nearly Legal, 14th March 2020

Source: nearlylegal.co.uk

Call for English councils to be given powers to regulate Airbnb – The Guardian

Posted February 24th, 2020 in holidays, hotels, housing, landlord & tenant, local government, news by sally

‘Local councils in England must be given powers to regulate Airbnb and other short-term letting sites in order to alleviate the “intolerable” pressure they put on the availability of local housing, the Green party MP, Caroline Lucas, has said.’

Full Story

The Guardian, 21st February 2020

Source: www.theguardian.com

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

Full Story

Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph

Posted January 27th, 2020 in footpaths, holidays, news, rights of way by sally

‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’

Full Story

Daily Telegraph, 26th January 2020

Source: www.telegraph.co.uk

Contempt and pre-action conduct – Law Society’s Gazette

‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’

Full Story

Law Society's Gazette, 13th January 2020

Source: www.lawgazette.co.uk

Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette

‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’

Full Story

Law Society's Gazette, 14th November 2019

Source: www.lawgazette.co.uk

Thomas Cook collapse leaves PI claimants unprotected – Litigation Futures

Posted November 8th, 2019 in compensation, holidays, news, personal injuries by tracey

‘The government has pledged to set up a statutory compensation scheme for people making personal injury claims against failed holiday company Thomas Cook after it emerged the firm mainly self-insured them.’

Full Story

Litigation Futures, 7th November 2019

Source: www.litigationfutures.com

MPs announce inquiry into Thomas Cook collapse – The Guardian

Posted September 27th, 2019 in auditors, company directors, holidays, inquiries, insolvency, news, select committees by tracey

‘MPs are to hold an inquiry into the role of “corporate greed” in the collapse of Thomas Cook, focusing on directors’ stewardship of the company, how much they were paid and how its accounts were prepared and signed off by auditors.’

Full Story

The Guardian, 26th September 2019

Source: www.theguardian.com

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

Full Story

Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Jail for holiday sickness claims fraudster – Litigation Futures

Posted August 19th, 2019 in compensation, fraud, holidays, news, sentencing by tracey

‘A fraudster who drummed up false holiday sickness claims over several years has been jailed for 12 months.’

Full Story

Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

Holiday chaos looms as attempts by BA to block pilot strikes fail – The Guardian

Posted August 1st, 2019 in airlines, appeals, holidays, industrial action, news, remuneration, trade unions by tracey

‘Strikes by British Airways pilots could disrupt hundreds of thousands of holidaymakers from August after the airline lost a second legal attempt to block industrial action.’

Full Story

The Guardian, 31st July 2019

Source: www.theguardian.com

New Judgment: X v Kuoni Travel Ltd [2019] UKSC 37 -UKSC Blog

‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’

Full Story

UKSC Blog, 24th July 2019

Source: ukscblog.com

Fraudsters ‘stole £7m’ from holidaymakers in 2018 – BBC News

Posted May 7th, 2019 in airlines, fraud, holidays, news by tracey

‘More than 5,000 people were the victims of holiday booking fraud last year, with their total losses amounting to £7m, research suggests.’

Full Story

BBC News. 7th May 2019

Source: www.bbc.co.uk

Easter Break

Posted April 18th, 2019 in holidays, news by sally

There will be no posts over the Easter weekend (Friday 19th April – Monday 22nd April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 23rd April.

New laws on payslip information come into force this week – The Guardian

Posted April 8th, 2019 in agency, documents, employment, equality, holiday pay, holidays, news, remuneration by sally

‘New laws on payslips come into force from this week, requiring employers to set out variable rates of pay and hours worked so that workers can more easily check that they are receiving the minimum wage.’

Full Story

The Guardian, 8th April 2019

Source: www.theguardian.com

The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’

Full Story

Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk

Who gets the children at Christmas? – Family Law

Posted December 20th, 2018 in children, custody, divorce, families, holidays, news by tracey

‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’

Full Story

Family Law, 19th December 2018

Source: www.familylaw.co.uk