In what is the latest in a number of holiday pay cases, the EAT has held that the NHS must include any overtime pay earned in the reference period in the calculation of holiday pay. This includes both non-guaranteed and voluntary overtime. The case of Flowers and others v East of England Ambulance Trust UKEAT/0235/17 […]
Sarah King Employment Solicitor
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News – Holidays and Holiday pay
Right to rest break automatic
Under the Working Time Regulations workers have the right to rest breaks. These are during the working day as well as daily and weekly rest periods. The Employment Appeal Tribunal has held that the right can be infringed even where there has been no specific request for a break which has been refused. In the […]
Holiday Pay and commission
By way of an update, the case of British Gas v Lock [2016] has been heard by the Court of Appeal . You may recall my blog previously on the case following the European Ruling but can read this here. The Court of Appeal has upheld the EAT’s decision that EU law requires the Working […]
Overstaying holidays
With all the travel disruption this year, I came across this interesting article for employers about overstaying holidays and the employment consequences when an employee fails to return as planned from holiday. It was written in the aftermath of the Egyptian flights being grounded but would be equally applicable on numerous other occasions this year […]
Sick leave and holiday pay
In Plumb v Duncan Print Group Ltd, the EAT has held that Reg 13(9) of the Working Time Regulations must be read to permit a worker to take annual leave within 18 months of the end of the leave year in which it accrued where he or she was unable or unwilling to take it […]
Holiday pay and commission
Following the European Court of Justice’s decision last year in the case of Lock v British Gas, judgment has now been given by the employment tribunal in Leicester. You will recall that the case was about Mr Lock was a salesman on a basic salary with variable commission paid in arrears. He could not earn commission […]
Holiday Pay
As has been widely reported in the media, we have had another holiday pay case which may cause employers concern. The EAT has handed down its decision in the Bear Scotland v Fulton & others, which has held that holiday pay needs to be further expanded. Workers are entitled to be paid normal non-guaranteed overtime as […]
Holiday pay and death
A recent ECJ decision has confirmed that if a worker has accrued but untaken statutory annual leave entitlement at the time of their death then the estate is entitled to payment in lieu in respect of untaken holiday. The right does not die with the employee. The ECJ in the case of Bollacke v K […]
Holiday pay
Following my blog at the end of last year, it has been confirmed that holiday pay must include commission. I reported on the case of British Gas v Lock in which the Attorney General had given his opinion that statutory holiday pay under the Working Time Regulations must include commission. This was subject to the […]
Holiday pay
The Advocate General has given his opinion in another holiday pay case on course for the ECJ. In this case the Claimant, Mr Lock, was paid a basic salary and a commission element which varied. Whilst he was on holiday he was paid his basic salary and only the commission that fell due whilst he […]
(Our news section brings you the latest news on published judgments and cases which are all in the public domain. We only comment on these published cases and not cases of our actual clients. Publication of the case or comments is a public service designed to make the courts and tribunals more accessible and ensures justice is seen to be done. This is why court and tribunal judgments are published publicly.)