Credit Management July and August 2020

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NEW AND UPGRADED MEMBERS Do you know someone who would benefit from CICM membership? Or have you considered applying to upgrade your membership? See our website www.cicm.com/membership-types for more details, or call us on 01780 722903 Member Paul Carrington MCICM Josephat Chihoro MCICM Derek Pickard MCICM Associate Emma Fryer ACICM Maneesha Muralidharan ACICM Studying Member Temitope Abdulai Laura Ashworth Mohammed Asif Joanna Baker Christian Ball Jane Brown Christian Buckmaster Marta Campo Najera Amy Carter Peter Chapman Taylor Cook Charley Cooke Catherine Cooper Christopher Deacon Jessica Dew Benjamin Edwards Ronda Fougere Arthur Gonzalez Larangeira Zoe Graham Adam Heighway Steven Holbrook Julie Jackson Livia Krishna Sean Lawson Tracy Lee Gemma Linsell Lauren Michael Dean Mills Lydia Morris Natsuko Murakami Lorren Noons Anthony Peel Deian Pouriakov Angela Pratt Cherylyn Rayner Leo Rossiter Samantha Scholz Joanne Summers Esra Tercan Andrew Tomkins Benjamin Vince Kate Warner Stephanie Webb Anne-Marie Wilkinson Affiliate Murdoch Archie Carly Barrington Kami Bassi David Dishon Eryk Gil Yvette Gray Daniel Hollands Martin Holmes Martyn Houldsworth Saiful Islam Eunice Karau Moragh Leask Jakub Olechowski Giuseppe Parla Saurabh Sharma Sam Shepherd Iwona Sroka WE WANT YOUR BRANCH NEWS! Get in touch with the CICM by emailing branches@cicm.com with your branch news and event reports. Please only send up to 400 words and any images need to be high resolution to be printable, so 1MB plus. Advancing the credit profession / www.cicm.com / July & August 2020 / PAGE 50
HR MATTERS Vicarious Living Indiscreet remarks, holiday entitlements and the concept of ‘vicarious liability’. AUTHOR – Gareth Edwards BE careful what is said – even hypothetically. In NH v Associazione Avvocatura per i diritti LGBTI, the Court of Justice of the European Union (CJEU) considered whether homophobic remarks made by a senior Italian lawyer (NH) suggesting that he would not like to work with or recruit homosexual people in his law firm could amount to unlawful discrimination. Having heard the comments, an association of lawyers which defends the LGBTI community successfully brought court proceedings against NH, alleging discrimination because of sexual orientation and claiming damages. NH appealed the finding to the Italian Supreme Court, which referred the case to the CJEU. It noted that the EU Equal Treatment Directive prohibits discrimination in relation to the conditions for access to employment, including recruitment conditions. The CJEU held that ‘conditions for access to employment’ covers statements made during programmes – even when there is no recruitment process open or planned, provided there is a non-hypothetical link between the statements and the employer’s recruitment policy. The CJEU held that it was for the Italian Supreme Court to assess the link between NH's statements and his law firm’s recruitment policy but that a number of factors would need to be taken into account – the status of the person making the statements; the capacity in which the statements were made (influence over recruitment policy); and the nature of the statements. Liability for the acts of independent contractors IN recent years the concept of ‘vicarious liability’ – liability for the negligent acts of another – has seen employers being held liable for the actions of those in positions ‘akin to employment’ as well as those who are directly employed. However, Barclays Bank v Various Claimants, offered a different view. Here, the Supreme Court was asked to determine whether a self-employed third-party contractor could be in a position ‘akin to employment’ making the employer liable for their actions. As part of its recruitment processes, between 1968 and 1984, Barclays engaged a medical practitioner to carry out medical examinations on prospective employees. The bank scheduled the appointments and told the applicants who attended unaccompanied. Examinations were carried out in the doctor’s home and he was paid a fee to prepare a report on each applicant. There was no retainer and the doctor THE law around calculating holiday pay for workers, without fixed hours or fixed rates of pay changed on 6 April 2020. In essence, the holiday pay reference period has increased from 12 to 52 weeks. Employers must now use 52 weeks' worth of pay data to calculate holiday pay for workers without fixed hours or pay. A week where the worker receives no pay cannot be counted towards the 52 weeks of data to be used. Such weeks should be discounted and instead an earlier week should be counted. Employers can use up to 104 weeks of data as reference periods in gathering the 52 weeks of data. Where 52 weeks' worth of pay data is not available, the employer should use as many weeks of pay data as they have within the preceding 104 weeks. A week starts on a Sunday and ends on a Saturday. If a worker takes annual leave before they have worked a full week, was not under any obligation to accept bookings from the bank. The doctor had other clients and patients. Sometime after the doctor had died, a group action was brought against the bank on the basis that it was vicariously liable for sexual assaults allegedly carried out by the doctor during the medical examinations. In 2017, a judge ruled that the bank was vicariously liable for any proven assaults. On the basis that the doctor’s wrongdoing occurred as a result of activity undertaken by him on behalf of the bank, under its control and for its benefit, and as an integral part of its business activity, the judge concluded that the relationship between the parties was sufficiently akin to employment. The Court of Appeal agreed, but the case moved to the Supreme Court which overturned the decision. It held that the self-employed medical practitioner in this case was in business on his own account. Holiday pay for employees without fixed hours the employer should pay the worker an amount which fairly represents their pay for the length of time they are on leave. Paid overtime (contractual or voluntary but sufficiently regular) worked during the reference period must also be included in the calculation. Gareth Edwards is a partner in the employment team at VWV. gedwards@vwv.co.uk Advancing the credit profession / www.cicm.com / July & August 2020 / PAGE 51
Page 1 and 2: CREDIT MANAGEMENT CM JULY & AUGUST
Page 3 and 4: 14 CARRY ON REGARDLESS Matthew Godb
Page 5 and 6: GET YOUR CREDIT CONTROL SALARY SURV
Page 7 and 8: NEWS ROUNDUP Association adopts pos
Page 9 and 10: THE CICM THINK TANK > THE NEWS IN B
Page 11 and 12: INSOLVENCY PRIME STAKE Insolvency P
Page 13 and 14: INSOLVENCY EXCLUSIVE The Moratorium
Page 15 and 16: ASK THE EXPERTS IN this series, we
Page 17 and 18: COMMERCIAL COLLECTIONS PERSONAL ACC
Page 19 and 20: COMMERCIAL COLLECTIONS AUTHOR - Sea
Page 21 and 22: SECTOR COMMENT DINING OUT Has the r
Page 23 and 24: OPINION AUTHOR - John Ricketts FCIC
Page 25 and 26: LEGAL MATTERS AUTHOR - Peter Walker
Page 27 and 28: VIEW FROM THE SEA FRONT AUTHOR - Da
Page 29 and 30: EDUCATION & MEMBERSHIP Which CICM q
Page 31 and 32: Handy Andes are not to be sniffed a
Page 33 and 34: COUNTRY FOCUS France is our nearest
Page 35 and 36: COUNTRY FOCUS AUTHOR - Adam Bernste
Page 37 and 38: Each of our Corporate Partners is c
Page 39 and 40: CAREERS ADVICE STAYING AHEAD Why op
Page 41 and 42: It needn’t be that hard. Imagine
Page 43 and 44: OPINION AUTHOR - Chris Sanders FCIC
Page 45 and 46: PAYMENT TRENDS Data supplied by the
Page 47 and 48: OPINION LADIES FIRST A talk at a La
Page 49: PERSONAL DEVELOPMENT Making Memorie
Page 53 and 54: INSPIRE ME IN THE NEW ERA OF WORK Y
Page 55 and 56: More reasons to be a member Make co
Page 57 and 58: FOR ADVERTISING INFORMATION OPTIONS
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Credit Management July and August 2020

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