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 …
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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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The year ahead: What’s on the employment law horizon for 2022?

Eleanor Doubleday considers what the next 12 months may have in store for employers and their advisers 2022 may be the year when the Employment Bill originally promised in 2019 will finally begin its journey through Parliament. 2020 and 2021 were not the years that we were expecting. For many, the Covid-19 pandemic brought with …
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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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The year ahead: What to expect in 2019

Stefan Martin and Jo Broadbent outline the key developments that employers and their advisers should prepare for in the next 12 months ‘Several important cases are expected to reach the Court of Appeal and Supreme Court in the coming months, and we expect the government’s response to the Women and Equalities Committee’s Sexual harassment in …
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Employment status: Trouble in the pipeline for employers post Pimlico Plumbers

Sean Nesbitt and Rachel Farr consider the lessons for businesses from the Supreme Court’s ruling in Pimlico Plumbers ‘Nothing short of an unrestricted right to substitution will defeat worker status.’ In the latest, and most authoritative, case on employment status, the Supreme Court has held that a supposedly self-employed plumber was in fact a worker. …
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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 …
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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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Employment status: Gig economy firms remain in the firing line

Susannah Kintish and Matthew Wood consider the emerging trend of employment tribunals and courts holding that individuals are workers rather than self-employed ‘If a business has been incorrectly categorising as self-employed individuals who are in fact workers, then there will be significant cost implications for that business.‘ Gig economy firms‘ battle with the issue of …
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