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Tag Archive

How to Handle Staff Requests for Leave this Christmas

With the festive season fast approaching, employers will no doubt be considering a plethora of holiday requests from their employees. It is essential therefore that, to avoid any claims under the Equality Act 2010 or the Working Time Regulations 1998, employers should carefully consider whether their holiday policies are up to date.  

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Holiday Pay: voluntary overtime

There has been a number of recent cases which have examined the issues surrounding holiday pay. A claim often made by employees’ is that the voluntary overtime they work should be included in the calculation of their holiday pay. The recent decision in ‘Dudley Metropolitan Borough Council v Willetts’ provides us with some clarity in respect of the issue.  

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Easter Bank Holidays and Part Time Workers

Most businesses employ part time workers but some find calculating part time holiday entitlement difficult, especially when it comes to bank holidays.  As Easter approaches and many employees look forward to a long weekend, we decided to bring you some key advice on calculating holiday entitlement for your part time workers.

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Two Easter Bank Holidays in One Leave Year

Employees are entitled to a minimum of 5.6 weeks’ annual leave under the Working Time Regulations (WTR). For those working a 5 day week they will be entitled 28 days’ leave per year, which can include bank holidays, of which there are usually eight per year.

If employers have worded contracts entitling employees to “20 days’ holiday plus bank holidays”, this could lead to one of two problems, where the holiday year runs from 1 April until 31 March. Either employees receive more bank holidays than their contractual entitlement or less than the statutory minimum.

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The continued holiday pay saga: Voluntary overtime

Regular readers will be aware that the Bear Scotland case gave a sense of security to employers when the Employment Appeals Tribunal (EAT) ruled that non-guaranteed overtime (where the employer is not obliged to provide overtime but the employee is obliged to work it if asked) is required to be paid during annual leave as a form of “normal remuneration”. This impliedly left voluntary overtime (where both the employer and employee are equally not obliged to offer or work overtime if they do not wish to arrange such) out of the holiday pay calculation.

However, this sense of security has been short lived. The fact that the question on voluntary overtime was left unanswered has naturally enticed a future tribunal to include voluntary overtime in the calculation of holiday pay under the Working Time Directive (WTD). This was always going to happen and really it was just a matter of when. 

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Non-Guaranteed Overtime to be included in Holiday Pay

Big happenings this week in the world of employment law in the form of Bear Scotland Ltd & others -v- Fulton & others. In this widely reported casethe Employment Appeal Tribunal (EAT) handed down a much anticipated decision as to whether holiday pay should be calculated to include remuneration beyond basic salary. It was held that this would be the case for the standard four-week annual leave entitlement but not for the additional 1.6 weeks under the UK’s Working Time Regulations 1998 (WTR).

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Holiday Pay: Where’s the Commission?!

Holiday pay; employers are sometimes woe to pay it and employees are almost always militant in asserting their statutory right to receive it. In many sales roles in the UK however there has long been the sense from the employee side of the argument that commission, which can often form the majority of a salesperson’s remuneration package, should be factored into the holiday pay calculations undertaken by payroll.

Recently the question was referred from Leicester Employment Tribunal (“LET”) to the Advocate General (“AG”) of the European Court of Justice (“CJEU”) for a preliminary ruling on whether the granting of commission in a claim for holiday pay would be compatible with EU Law.

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