Case update (3): Holiday pay and voluntary overtime

What do we already know? We updated you in our August Newsflash Holiday pay and voluntary overtime on the EAT’s decision that payments for voluntary overtime that is normally worked must be included when calculating holiday pay for the first four weeks of holiday provided by EU law and the Working Time Regulations (Dudley Metropolitan…
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Newsflash: Holiday pay and voluntary overtime

What do we already know? We updated you in our September 2016 Newsletter Case update (2): Holiday pay – What about voluntary overtime? that the Tribunal in Brettle v Dudley Metropolitan Borough Council decided that voluntary overtime payments should be included in calculating holiday pay, provided that overtime is worked with “sufficient regularity” to constitute…
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Case Update (1): Annual Leave and employment status

Summary:  Should a worker, misclassified as a self-employed consultant with no facility to take statutory paid holiday, be entitled to carry over the untaken holiday and be paid in lieu on termination of employment? Yes, is the Advocate General’s Opinion in King v The Sash Window Workshop Limited available here.   Facts:  The worker, Mr…
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Holiday pay – Three month gaps stop series

holiday pay - deck chair
What do we already know? Calculating holiday pay has been made much more complex over the past few years. The Court of Justice of the European Union (CJEU, formally  known as the ECJ), EAT and subsequent Tribunal decisions in Bear Scotland Ltd v Fulton and Lock v British Gas have indicated that payments such as…
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Newsflash: Holiday pay & commission

holiday pay - deck chair
What do we already know? Calculating holiday pay has been made much more complex over the past few years. The Court of Justice of the European Union (CJEU, formally  known as the ECJ), EAT and subsequent Tribunal decisions in Bear Scotland Ltd v Fulton and Lock v British Gas have indicated that payments such as commission and bonuses, should…
Continue reading


Case update (2): Holiday pay & commission

What do we already know? Calculating holiday pay has been made much more complex over the past few years. The Court of Justice of the European Union (CJEU, formally  known as the ECJ), EAT and subsequent Tribunal decisions in Bear Scotland Ltd v Fulton and Lock v British Gas have meant that payments such as commission and bonuses, should…
Continue reading


Newsflash: Holiday pay and commission

What do we already know? In our March 2016 Newsletter Case update (1): Holiday pay & commission we updated you that the EAT had decided in the case of Lock v British Gas that sums earned by way of commission should be included in the calculation of holiday pay for the first four weeks of…
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Case update (2): Holiday pay – What about voluntary overtime?

What do we already know? Calculating holiday pay has been made much more complex over the past few years. The Court of Justice of the European Union (CJEU, formally  known as the ECJ), EAT and subsequent Tribunal decisions in Bear Scotland Ltd v Fulton and Lock v British Gas have meant that payments such as commission and bonuses, should…
Continue reading


Case update (1): Holiday pay – what about voluntary overtime?

What do we already know? Calculating holiday pay has been made much more complex over the past few years. The Court of Justice of the European Union (CJEU, formally  known as the ECJ), EAT and subsequent Tribunal decisions in Bear Scotland Ltd v Fulton and Lock v British Gas have meant that payments such as commission and bonuses, should…
Continue reading


Case update (1): Holiday pay & commission

We updated you in our February Newsflash Holiday pay and commission that the EAT has heard the appeal in Lock v British Gas and here are the further details as promised… Summary: Should sums earned by way of commission be included in the calculation of holiday pay for the first four weeks of an employee’s…
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