Member News

Holiday pay hit the news headlines last year following a significant decision of the Employment Appeal Tribunal as to whether extra pay for working overtime should be included in holiday pay calculations.

In the combined case of Bear Scotland Ltd v Fulton & others, the EAT was asked to determine what constitutes ‘normal remuneration’ for holiday pay purposes, and more specifically, whether non-guaranteed overtime and other allowances have to be included in determining holiday pay. Now that the dust has settled, Nicola Butterworth, Associate Solicitor at Howes Percival LLP, explores the potential implications of this decision for businesses and considers what they should be doing now?

What is the issue with holiday pay?

The EAT’s decision, followed the earlier decisions of the Court of Justice of the European Union including British Airways v Williams and Lock v British Gas, which clarified that during paid leave, workers are entitled to receive any remuneration that is intrinsically linked to the performance of the tasks that they are required to carry out under their contract of employment for which a monetary amount is provided. These cases established that holiday pay calculations should include certain additional payments, such as commission, provided that they constituted ‘normal remuneration’. The consequence of these decisions is that businesses could face claims from workers for failure to pay such amounts.

What is ‘normal remuneration’?

The EAT confirmed that holiday pay must correspond to normal remuneration, which is that which is normally received by a worker.

Can overtime pay constitute ‘normal remuneration’ for holiday purposes?

Yes. It has been established for some time that guaranteed overtime pay must be taken into account when calculating holiday pay. In the case of Bear Scotland, the EAT distinguished ‘non-guaranteed overtime’ (overtime that the employer does not guarantee to provide, but which an employee, if requested, is obliged to perform) from guaranteed overtime and voluntary overtime. The EAT confirmed that pay for ‘non-guaranteed overtime’ should also be included in the calculation of holiday pay in certain circumstances, but only for 4 weeks’ of a full-time worker’s total 5.6 weeks’ holiday pay entitlement each year (pro-rated for part-time workers). Unfortunately, no guidance was provided by the EAT as to the mechanism that businesses should use to calculate holiday pay to include non-guaranteed overtime pay. The EAT did not specifically deal with overtime that is entirely voluntary, but it is anticipated that, in time, case-law will determine that voluntary overtime that forms part of a worker’s normal remuneration should also be included in holiday pay.

What are the implications of this decision for businesses?

The main impact for businesses is the potential risk of their workers raising claims for underpayment of holiday pay. While the EAT and new legislation (introduced earlier this month) has limited the scope for workers to recover underpayment of holiday pay by way of an unlawful deductions from wages claim, the requirement for business to include non-guaranteed overtime pay in holiday pay could mean an increase in their overall wage bill. For those businesses that traditionally use overtime to manage fluctuations in demand for their goods and services, this decision could have significant financial implications.

What should businesses be doing now?

Businesses should consider the impact of this decision and assess the potential liabilities that they face. Dependent on the holiday pay arrangements they currently have in place, businesses may decide to take action now to prevent claims for historic underpayment of holiday pay and to ensure that they are properly protected going forward. Subject to any future legal developments, the EAT decision is clear that businesses are legally obliged to ensure that all guaranteed overtime pay and, in certain circumstances, non-guaranteed overtime pay should be included in holiday pay calculations.

Howes Percival LLP is sponsoring and hosting the March 2015 Norfolk Chamber of Commerce HR Forum, which will focus on the impact of recent case-law decisions on the calculation of holiday and provide strategic advice for HR professionals tasked with handling this difficult issue, as well as guiding them through the new right to shared parental leave and the implementation of this regime in practice.

Thanks to the support of our fantastic clients, Reflection PR is once again expanding and recruiting a Digital PR Executive.

Working with companies in the leisure, tourism, retail and food and drink sectors, our agency is looking for someone with a passion for writing and social media and can support our client accounts and develop our digital offering.

It’s an exciting time at Reflection PR as we recently moved into our new office at The Old Church on St. Matthews Road in Norwich and continue to grow our business.

More information about this role and how to apply ishere.

Closing date is 27th January – we look forward to heating from any interested candidates.

When Anglian Home Improvements embarked on one of its biggest product roll-outs ever, Triple Glazing, it commissioned JMS to produce all video and TV content, in a wide range of genres, onto a multitude of platforms. As a special bonus all our productions were premiered to national and regional managers at BAFTA, which after two years of production, often in secrecy, we (blushingly) felt was rather an appropriate setting for a project which had called on all our skills – and then some!

Actually, it really is unusual for a project to call on quite so many of our skills at once:

• For launch – the National television advertising campaign blended live action with 3D, conceptualised by The Point, portraying typical homes in far from typical settings – a house wearing ear-defenders.
• For sales teams – a studio-based training production capturing the step by step process of explaining this very advanced product to a customer.
• For customers – a simple explainer – ‘Triple – what is it?’ in a pencil-drawing style designed to complement and expand-on the ‘white space’ concept of the TV campaign.
• For all Anglian Home Improvements staff – a 36 minute documentary on the Triple Glazing journey incorporating time-lapse of the huge new factory line being installed; Tomorrow’s World-style product-endurance tests; the company’s very first triple-glazing installation;and acoustic tests on location with a specialist camera incorporating an amazing 259 microphones.

For the documentary Anglian persuaded Eco-specialist presenter Philippa Forrester to take time away from her current home in Wyoming. And as if all that wasn’t variety enough, with Anglian as the headline sponsor of October’s Grand Designs Live at the NEC, JMS found itself re-versioning everything for LED screens, stand videos, on-line, and for the sales team’s iPads. After leading its industry for almost 50 years, Anglian Home Improvements knows how to keep its marketing fresh, engaging, and persuasive, and JMS is delighted to be an integral part of that process.

Parker Hydraulics and Pneumatics Ltd is proud to be an official Gates Fluid Power distributor. The Gates Corporation is the world’s leading manufacturer of power transmission belts and a premier global manufacturer of fluid power products. Their highly engineered products are critical components used in diverse industrial and automotive applications where the cost of failure is very high relative to the cost of our products.

Working in conjunction with Gates, we aim to provide a differentiated value proposition to customers by offering a complete portfolio of premium product and service solutions for both replacement and first-fit applications across various targeted end markets, which encompass process and specialty, construction, agriculture, energy, transportation, and automotive.

Gates sell their products globally under the “Gates” brand, which is recognized by distributors, original equipment manufacturers, and installers as the premium brand for quality and technological innovation, a reputation which has been built for over a century since their founding in 1911, all of which can be purchased from ourselves.

As an engineering leader with a strong foundation in research and development, Gates is committed to advancing the science of motion performance by developing safe, forward-thinking products, services, systems, and solutions, as well as fostering long-term customer and employee relationships. Headquartered in Denver, Colorado, Gates employs over 14,000 people across 106 locations in 30 countries.

“If it moves you, there’sa good chance Gates has a part in it. Gates, Powering Progress.”

There are so many benefits to using video to promote your business now. These benefits range from the technical and statistical to the behavioural and emotional – the range of benefits for you and your business in using a video to promote the business as a whole, or explain specific concepts and ideas and communicate your messages and ideas.

If you’d like to learn more about how About My Business Video can help you produce video for your business and for your marketing, we’d love to hear from you. You can call us any time for a free and no obligation chat on 01328 738 333 or 07977 493 774.

Michael Brook

This Saturday, 24th January is Norwich International Airport’s annual Travel Show held in the airport terminal building. The event, now in its sixth year, offers local holidaymakers the perfect opportunity to meet with, and chat to, representatives from the tour operators and airlines flying from Norwich International, as well as providing a chance to pick up a copy of the Fly Norwich 2015 magazine which will be launched at the event.

The Travel Show running 10am – 3pm is open to everyone with free entry and free parking for all visitors in the short stay car park.

Over 20 tour operator and airline representatives will be on hand throughout the day offering first hand destination and product advice on their departures from Norwich International and the airport encourages everyone to pop along for some holiday inspiration and talk to the experts; as it’s the only time of the year they will collectively be in once place in this region and its right on the doorstep!

There is also the opportunity to enter the airports free prize draw to win one of the fabulous prizes on offer including: – Return flight tickets to Edinburgh and Aberdeen, Helicopter pleasure flight, flying lessons, restaurant voucher and much more. Additional free to enter competitions will be taking place on individual stands throughout the day with many more great prizes to be won.

Break will also be present promoting the work of the charity along with some of the GoGo Dragons and the airport is delighted to be part of the 2015 trail with the Norwich International Airport dragon being unveiled at the travel show.

Historically this day has always been a huge success with people eager to book and in keeping with tradition, any holidays booked on the day will receive free parking at Norwich International for their holiday and a fantastic 5% booking discount.

For further information please call 01603 428700.

Working for London creative agency Accord Group,JMSwere commissioned to produce a looping film for Canadian travel experts Canadian Affair, to broadcast on London’s iconic One Piccadilly and Euston, Victoria and Waterloo stations. The campaign was a big success and looked absolutely fantastic on the screens. You can see a short video of the films in situ on the vimeo link.

GOL Turns Over Boeing 737NG Lease Return Check To AFI KLM E&M subsidiary KLM UK Engineering

Maintenance operations part of global partnership between the two groups

Paris, Amstelveen, 14 January 2015 – On 19 February 2014, AIR FRANCE KLM and GOL Linhas Aéreas Inteligentes signed an exclusive, long-term strategic partnership agreement to strengthen the commercial cooperation between the two groups. The agreement also covered the development of cooperation between the two groups in the field of MRO.

Under the terms of the partnership, the first non-exclusive MRO agreement was signed in September 2014 with GOL, from which one of its Boeing 737NGs was sent to KLM UK Engineering for a lease return check prior to its withdrawal from the fleet.

First work in Norwich UK The overhaul of GOL’s aircraft, as specified in each work scope of the Agreement, prior to its return to the leasing company is being handled as efficiently as possible by KLM UK Engineering. This is possible due to KLM UK Engineering being able to rely on the strength of its engineering network and its various maintenance centres offering specialised, competitive services in terms of both costs and performance. As a result, KLM UK Engineering, a Group subsidiary that offersexpert MRO services for regional and narrow-body aircraft, based in Norwich UK, has delivered the first end of lease maintenance check on the GOL 737NG.

Francis Richard, executive in charge of the AIR FRANCE KLM/GOL partnership implementation in Brazil, said: “This cooperation is a further sign that our two groups are working ever more closely together. It confirms the commercial partnership agreement that was signed last year and extends it to the maintenance sphere, where KLM UK Engineeringhasdemonstratedthe excellence of its aircraft maintenance services to its partner”.

GOL’s Supply Chain Director Marcelo Abib added: “Our airline is thrilled to be working with a major global multi-product maintenance player. We are confident in KLM UK Engineering’s ability to provide top-flight MRO services. We look forward to developing this cooperation with new work scopes in the near future.’

Arjan Meijer, Managing Director at KLM UK Engineering comments: ‘We have been delighted to work with GOL on the first end of lease 737NG aircraft, which was both a complex and challenging project,and look forward to working on future projects with them during 2015 and the years ahead under our strategic partnership’.

About GOL Linhas Aéreas Inteligentes GOL Linhas Aéreas Inteligentes S.A., the largest low-cost and best-fare airline in Latin America offering, has around 910 daily flights to 69 destinations, 15 of which international in South America, the Caribbean and the United States, using a young, modern fleet of Boeing 737-700 and 737-800 Next Generation aircraft, the safest, most efficient and most economical of their type. The SMILES loyalty program allows members to accumulate miles and redeem tickets to more than 700 locations around the world via flights with foreign partner airlines. The Company also operates Gollog, a logistics service which retrieves and delivers cargo and packages to and from more than 3,500 cities in Brazil and 8 abroad. With its portfolio of innovative products and services, GOL Linhas Aéreas Inteligentes offers the best cost-benefit ratio in the market.

About KLM UK Engineering KLM UK Engineering Limited is a leading regional aircraft and narrow body MRO, wholly owned by AFI KLM E&M Network. Services include base maintenance, line maintenance, component sales, technical training and decommissioning of Airbus A320 Family, Boeing 737’s, Fokker 70/100 and BAe146/Avro RJ’s. KLM UK Engineering has been based at Norwich International Airport for 40 years and employs approximately 400 people, priding itself on having an experienced and skilled work force, delivering a superior service and high quality product at a competitive price. For more information please visit www.klmukengineering.com

About AFI KLM E&M Air France Industries KLM Engineering & Maintenance is amajor multi-product MRO (Maintenance, Repair, Overhaul) provider. With a workforce of over 14,000, AFI KLM E&M offers comprehensive technical support for airlines, ranging from engineering and line maintenance to engine overhaul, aerostructure and FTR support, as well as the management, repair and supply of aircraft components, structured around a powerful logistics network. AFI KLM E&M supports almost 1,500 aircraft operated by 150 major international and domestic airlines.

www.afiklmem.com or mobile.afiklmem.com

Senior management blanched. Crew fell silent. Account Handlers looked bemused. But the Creatives ploughed on regardless. “We just shoot it on a mobile phone. We don’t try and make it LOOK like it was shot on a mobile phone. We don’t torture it into some grainy documentary style. We just use a phone”.

And so it was, dear reader, that JMS put away its many thousand pounds worth of gleaming camera gear, spent 50 quid on some stick-on lens-extenders and hit the road with an entire crew, including a features cameraman, a sound recordist, make-up… plus a mobile phone.

The result? Everything our client, Anglian Water, and the JMS Creatives had wished for!

A natural, youthful and vigorous, warts and all, free-flowing glorious selfie, targeted at a teenage audience. This unusual vlog took-on the tough challenge of engaging kids in the serious issue of our water treatment systems being choked by thoughtlessly disposed-of fats, oils, grease and wipes. Anglian Water and JMS were forced to confront the age old conundrum of avoiding trivialising a heavy subject with too light a touch, yet conveying something grown-up and serious without alienating a young audience.

It wasn’t all down to the selfie-style of course. The programme benefitted massively from a delightfully unaffected and game-for-anything pro-performer who never complained once about spending two days scampering around sewage farms and drains remembering her lines whilst holding, and talking to, the cameraman’s hand. (She dragged him around whilst he held the camera to guarantee the framing. It was a HOOT to watch!).

Telling a colour grader to ignore a massive colour-shift mid shot, or instructing an editor to stop crying and put-in jump cuts where we didn’t need a cut in the first place, was all part of our learning experience. But we loved it. And the client loved it. And above all the audience loved it. But don’t, er, don’t tell anyone will you? About the phone…

The installation of highly innovative thatched cassettes cladding the £11.6m Enterprise Centre – the UK’s greenest commercial building – marks another key construction milestone at the University of East Anglia.

A completely new way of using thatch, the cassette cladding is one of the key sustainable elements being incorporated into the build project, developed by the Adapt Low Carbon Group and delivered by Morgan Sindall.

The cassettes have been constructed by local joiners, Fox Joinery, and thatched in straw from the Norfolk Suffolk borders by a skilled team led by the Master Thatcher of East Anglia, Stephen Letch

Combining traditional craft with modern methods of construction, it is the first time this unique thatch cassette cladding system has been used anywhere in the world. It is anticipated that the technique, which comes with a wide range of economic, environmental and safety benefits, could be replicated on many future construction projects – paving the way for thatch to return to its former position as a mainstream construction material. Read more here.

Pure has kicked off 2015 by launching its first ever Graduate Training Programme. If you’re a young professional with bags of drive and motivation, why not apply?

Not only are we a friendly and vibrant bunch, but we make every effort to support all of our staff in their careers. Many people stay with us for years. Our regular staff surveys show that people are happy here. We also ask everyone how they think we can improve their time with Pure – we take people’s opinions seriously.

We are looking for graduate trainees at each of our offices in Cambridge, Chelmsford, Ipswich and Norwich. As a trainee you’ll be busy working on innovative projects and develop into a high calibre consultant yourself.

With the deadline for applications on January 30th, there’s no time to waste! But before you apply for a place, let us tell you about the fantastic ways you’ll benefit from training with Pure. We’re pretty sure you’ll like what you read…

1. More opportunities with a successful business!

Pure is a successful, growing business, working with fantastic clients and candidates across the East of England. We’re recruiting new staff members at Pure all the time and we need new, fresh talent like yours to help us expand further. Because our consultants have such excellent experience, as a trainee you’ll get first-rate guidance and a wide range of exciting opportunities to develop essential skills. And individual quarterly reviews with your manager track your achievements, helping you to progress.

2. Get the Pure ‘can do’ attitude

Our consultants are known for their positivity and hard work, and they enjoy their work. We’ll support you all the way so you’ll not only grow into an expert in recruitment and the regional job market, but we’ll help you further develop an instinct for hitting targets and taking on exciting, new challenges.

3. A unique experience

All year round Pure runs a number of campaigns aimed at businesses across all of our counties. From our ‘Best Employer’ initiative, which supports and promotes good employers, and professional seminars for senior executives, to our Women’s Leadership Programme, you’ll develop diverse skills. You’ll also have the opportunity to be part of exciting, unique projects in an industry that is moving beyond straightforward recruitment.

4. Understanding corporate-charity partnerships

Pure is like a big family – and a growing family at that! And we’re very proud of our people and their enthusiasm for supporting local charities. Because we believe that businesses have an important role to play in helping good causes, you can get involved in fundraising, and learning about the people we help.

5. How to build business relationships

Building relationships with clients is fundamental to any successful business. And at Pure we strive to give our clients much more than the average recruitment firm. During training, you’ll learn how to develop and nurture essential relationships with clients over the phone and face-to-face.

6. How to match people with places

One of the secrets of successful recruitment is matching people to an organisation, not just a job description. We make sure our candidates fit with employers on many levels. From day one, you’ll also develop an instinct for finding job seekers that suit an organisation’s culture, and learn where to find the best talent for a client.

7. Great salary, rewards and benefits

We offer trainees competitive salaries, as well as a fantastic benefits package and rewards such as bonuses. With 25 days’ annual leave, private healthcare, a matched contributory pension scheme and a busy company social calendar, you’ll get heaps more than just on-the-job training!

Only Pure’s training programme can give you this fantastic array of benefits. Interested? Then contact with Gill Buchanan, Pure’s Director, on 01223 209888 or gill@prs.uk.com.

We hope to see your application very soon!

Fiona and Lesley from Norwich Sunblinds have just presented the December 2014 Charity cheque to Chris Elliott of The Benjamin Foundation for £755.00.

The Benjamin Foundation is a great Norfolk Charity founded in 1994, helping children, young people and families with issues like homelessness and to repair broken family relationships. They provide hope, opportunity, Stability and independence Everything they do is driven by the needs of people in Norfolk

We have had a charity for each month of 2014 and have enjoyed supporting and meeting the people who work hard for each charity.