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 […]
Tag: working time directive
Failure to provide rest breaks
An employee (and in fact a worker!) can bring a claim in the Employment Tribunal for a failure to provide rest breaks under the Working Time Regulations 1998. In practice stand-alone claims are rare but they can sometimes form the basis of a factual matrix with other claims or which support other claims. Regulation 30 […]
Working time holiday
You may recall all the controversy over the decisions from the ECJ over statutory holiday under the Working Time Directive and the Regulations implemented in the UK. In particular, this centred around whether employees who were off sick accrued working time holiday and whether this should be paid or rolled over. The decisions kept employment […]