Summary:  Are workers who are denied holiday pay, but take unpaid leave, entitled to a payment in lieu on termination where the claim would otherwise be out of time? No, says the EAT in Smith v Pimlico Plumbers available here. Background:  In King v Sash Windows the CJEU held that workers denied annual leave (including…
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What do we already know? We updated you in our April Newsletter Government reforms (2): April changes – are you ready? that from 6 April 2020 the period over which average holiday pay is calculated for employees without normal working hours, or who have variable remuneration, is being extended from 12 to 52 weeks. What’s…
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The Government has updated its guidance on holiday entitlement (available here). It explains how to work out statutory holiday entitlement for a worker who works a full leave year, and calculating holiday for staff that start or leave part way through the year. The Government has also published an Excel holiday calculator (available here), which…
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What do we already know? We updated you in our March 2018 Newsletter Case update (2): Happy holidays! Pay for term-time workers that the EAT had decided in Brazel v The Harpur Trust that holiday pay for staff who work irregular hours should be calculated using the standard 12-week reference period required under the Working…
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Summary:  Does a gap of more than three months break a ‘series of deductions’ in an unlawful deduction from wages claim? No, held the Court of Appeal in Northern Ireland (‘NICA’) in Chief Constable of Northern Ireland Police v Agnew available here. Background:  Under Article 7 of the Working Time Directive (WTD), EU Member States…
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What do we already know? We updated you in our July 2018 Newsletter Case update (1): Holiday pay and voluntary overtime on the EAT’s decision in Flowers v East of England Ambulance Trust that non-guaranteed and voluntary overtime pay, paid over a sufficient period of time, should be included in calculating holiday pay under contractual…
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The Government has published guidance (available here) on how to calculate statutory holiday pay for workers without fixed hours or fixed rates of pay. The guidance is intended to help employers pay the correct amount of holiday pay for all their workers.  It is a practical guide designed to respond to specific questions employers may…
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Summary:  If a worker doesn’t ask to take their outstanding statutory holiday entitlement before the end of their leave year, can they be prevented from carrying it over to the next? No, unless the employer has ensured “specifically and transparently” that the worker has been given the opportunity to take the leave, held the CJEU…
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What do we already know? We updated you in our August 2017 Newsletter Case update (3): Holiday pay and voluntary overtime on the EAT’s decision in Dudley Metropolitan Borough Council v Willetts and Others.  It was decided in this case that payments for voluntary overtime that is normally worked must be included when calculating holiday…
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ACAS has published two new sets of guidance for employers, on overtime and suspensions, available here. Overtime:  the guidance highlights the importance of setting out terms relating to it in employment contracts or staff handbooks. It urges both employers and workers to keep detailed records of the amount of overtime worked and how much time…
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