Yes, in this GDPR world, job applicants have the right to see notes of their interview if the notes are either transferred to computer or form part of a relevant filing system. For a manual system to be covered, there must be some structure to guide a searcher to specific information about a candidate. Interview notes filed in alphabetical order or chronologically would be covered by GDPR. So, what should you do?

Decide how you will store your notes. Remember they may help you to defend an allegation of discrimination if they correctly record the reason for your decision.

Remind interviewers that candidates can ask to see their notes so anything that they record should be accurate and appropriate.

 

Holiday pay must include voluntary overtime

That was the Court of Appeal's decision in East of England Ambulance NHS Trust v Flowers and others. The overarching principle is that holiday pay must correspond to a worker's normal pay. The question was whether the pattern of work, including voluntary overtime was sufficiently regular for payments made for it to amount to normal remuneration. In this case it was. Whether the overtime was voluntary was not material.

So, what does this mean for you?

If you offer voluntary overtime, you must consider whether the pattern is sufficiently settled for it to form part of your holiday pay calculation.

 

No limit on overtime holiday pay claims in Northern Ireland

In Chief Constable of the Police Service of Northern Ireland and another v Agnew (Alexander) and Others it was agreed that the calculation of holiday pay for police officers in Northern Ireland should have included overtime not just basic pay. So not including it constituted an unlawful deduction from wages. In Bear Scotland Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT it was decided that if there was more than a three-month gap in deductions the chain was broken. Only the claim presented within three months was in time. Did Bear Scotland apply in Northern Ireland?

If it did, the bill would be around £300,000. If not, the claim could go back to 1998 with a liability of £3 million. In a blow for those with staff in Northern Ireland the court decided that Bear Scotland would lead to 'arbitrary and unfair results'. It found that nothing in the legislation in Northern Ireland prohibited or limited gaps.

So where do you stand?

This case is limited to Northern Ireland employers. Outside Northern Ireland, Bear Scotland still stands as do the Deduction from Wages (Limitation) Regulations 2014, which impose a two year limit on most unlawful deductions claims.

However, if you do employ staff in Northern Ireland, you could face large holiday pay claims dating back many years.

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Are job applicants entitled to their interview notes?

Yes, in this GDPR world, job applicants have the right to see notes of their interview if the notes are either transferred to computer or form part of a relevant filing system. For a manual system to be covered, there must be some structure to guide a searcher to specific information about a candidate. Interview notes filed in alphabetical order or chronologically would be covered by GDPR. So, what should you do?

Decide how you will store your notes. Remember they may help you to defend an allegation of discrimination if they correctly record the reason for your decision.

Remind interviewers that candidates can ask to see their notes so anything that they record should be accurate and appropriate.

 

Holiday pay must include voluntary overtime

That was the Court of Appeal's decision in East of England Ambulance NHS Trust v Flowers and others. The overarching principle is that holiday pay must correspond to a worker's normal pay. The question was whether the pattern of work, including voluntary overtime was sufficiently regular for payments made for it to amount to normal remuneration. In this case it was. Whether the overtime was voluntary was not material.

So, what does this mean for you?

If you offer voluntary overtime, you must consider whether the pattern is sufficiently settled for it to form part of your holiday pay calculation.

 

No limit on overtime holiday pay claims in Northern Ireland

In Chief Constable of the Police Service of Northern Ireland and another v Agnew (Alexander) and Others it was agreed that the calculation of holiday pay for police officers in Northern Ireland should have included overtime not just basic pay. So not including it constituted an unlawful deduction from wages. In Bear Scotland Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT it was decided that if there was more than a three-month gap in deductions the chain was broken. Only the claim presented within three months was in time. Did Bear Scotland apply in Northern Ireland?

If it did, the bill would be around £300,000. If not, the claim could go back to 1998 with a liability of £3 million. In a blow for those with staff in Northern Ireland the court decided that Bear Scotland would lead to 'arbitrary and unfair results'. It found that nothing in the legislation in Northern Ireland prohibited or limited gaps.

So where do you stand?

This case is limited to Northern Ireland employers. Outside Northern Ireland, Bear Scotland still stands as do the Deduction from Wages (Limitation) Regulations 2014, which impose a two year limit on most unlawful deductions claims.

However, if you do employ staff in Northern Ireland, you could face large holiday pay claims dating back many years.