Bear Scotland Ltd & ors v Fulton & ors [2014] UKEAT/0047/13/0411 – Law Journals

Working Time Regulations: Part-year workers get holiday pay bonanza

Employers must revisit their holiday pay calculations for term-time-only workers and other staff who work for part of the year under permanent or continuous contracts, warns Joanne Moseley All workers have a fixed and universal right to 5.6 weeks’ holiday and employers can only adjust this when someone’s employment starts or ends part way through …

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Holiday pay: Plumbing the depths

Stephen Ratcliffe and Richard Cook discuss what the latest twist in the calculation of variable holiday pay means for employers and their advisers Misclassified workers who have taken their Euro leave but not been paid for it can now roll over all of this leave indefinitely. Holiday pay has generated complex case law for many …

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Annual leave: Holiday pay and carry over – latest cases and the impact of the pandemic

Despite a welcome ruling in the long-running Pimlico Plumbers case, avoiding breaches of the law on annual leave remains fraught with difficulty, warn Nick Hine and Ben Payne Many furloughed or other employees have accrued a large amount of holiday which they have not been able to take or wanted to take during the pandemic. …

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Working Time Regulations: Holidays and working hours – the debate continues

Recent cases on calculating holiday pay and recording workers’ hours show that it remains tricky for employers to understand and comply with their working time obligations, reports Ben Daniel ‘The development of a cogent set of principles for the calculation of holiday pay has been a long and winding road.’ Working time, and in particular …

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Working time: Overtime – holiday pay and other pitfalls for unwary employers

Mark Stevens examines the latest decision on whether to include overtime in holiday pay calculations and provides some tips to manage other tricky issues created when staff work extra hours ‘The Employment Appeal Tribunal found that if workers are contractually obliged to do overtime, it would be perverse to hold that their pay for this …

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Holiday pay: The never-ending story continues

The ECJ has held that employers‘ liability to compensate workers for unpaid holiday where they have been wrongly classified as self-employed can span the entire engagement, explain Katie Clark and Paul McGrath ‘Holiday pay had to be calculated in a way that corresponded with a worker‘s “normal remuneration“, including all components intrinsically linked to the …

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Annual Leave: More holiday headaches for employers

Eleanor Boyd and Michael Halsey share some practical tips on managing employees’ annual leave in light of the Ryanair debacle and recent holiday pay decisions ‘Employers must be careful not to discourage employees from taking holiday or overlook those who consistently do not take their holiday entitlement.’ Many readers will have seen (and possibly been …

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Holiday Pay: Pack your cases

Three new decisions have shed further light on the impact of different types of leave on holiday pay, reports Tara Grossman ‘There have been a number of cases in the past few years which are helping to inform our understanding of holiday pay.’ Although holiday pay forms a relatively low percentage of a worker’s overall …

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Holiday Pay: Unlocking the commission payments puzzle

Helen Cookson and Anna Scott analyse the EAT’s decision in the long-running case of Lock v British Gas Trading ‘Key to calculating a week’s pay under the ERA is to work out which subcategory the employee falls into. For example, do they have normal working hours and, if so, does pay vary according to the …

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The Year Ahead: Ten predictions for 2016

Sarah Parkin rounds up the key employment law cases and legislative developments that practitioners can expect in the coming year ‘2016 looks set to be an interesting year for employment practitioners and in-house counsel. The top ten developments to look out for are outlined in this article.’ With a number of significant Court of Appeal …

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