Working Time Regulations: What is the correct way to calculate holiday pay?

Following on from her article last month on Harpur Trust v Brazel, Joanne Moseley reviews the impact that other key cases have had on how much holiday pay workers are entitled to receive Since workers must not be discouraged from taking leave, the pay they receive while absent must generally correspond to what they would …
This post is only available to members.

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 …
This post is only available to members.

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 …
This post is only available to members.

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 …
This post is only available to members.

Remuneration: Calculating a week‘s pay

Rebecca McGuirk and Anna Scott discuss the potentially costly impact for employers of a series of decisions on how to calculate unfair dismissal compensation and holiday pay ‘The issue of what to include when calculating holiday pay has recently been exercising the courts. It is therefore important that employers check they are including the right …
This post is only available to members.

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 …
This post is only available to members.

Legal News: Employment update

Clare Gregory rounds up recent case law and developments affecting employers and their advisers ‘The Employment Appeal Tribunal has held that payment for voluntary overtime that is normally worked is within the concept of “normal remuneration”.’ Brexit’s impact on EU nationals living in the UK After many months of speculation about the government’s proposals for …
This post is only available to members.