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25 June 2015 / Ian Smith
Issue: 7658 / Categories: Features , Employment
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Employment law brief: 25 June 2015

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It’s all in a day’s work for Ian Smith as he reviews the latest employment decisions

It could well be argued that the one thing you should never do in employment law is to ask a simple question—the chances of a simple answer tend to be disappearingly small. The decision of the Court of Appeal in Hartley v King Edward VI College [2015] EWCA Civ 455, [2015] All ER (D) 179 (May) given by Elias LJ, shows this nicely.

Hartley v King Edward VI College

The apparently simple question was this—if a salaried employee strikes for a day, how much pay does he or she forfeit? The apparently simple answer is “a day’s pay”, but how is that to be calculated? Here, the college hit by strike action deducted 1/260th of the annual salary (ie a “working days” calculation), on the basis that the contract provided for that number of days’ “directed” work per annum. The union argued that it should only be 1/365th of annual salary (ie a “calendar days” calculation). The difference per employee was not great, but the amount at

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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