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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We updated you in our recent March 2018 Newsflash Happy holidays! Pay for term-time workers on the EAT’s decision in the case of Brazel v The Harpur Trust.  The EAT decided that holiday pay for term-time workers should be calculated based on the reference period of the 12 weeks prior to the holiday – not…
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Can the holiday pay rate for term-time workers be legally calculated on the basis of 12.07% of annual pay? No, says the EAT in Brazel v The Harpur Trust, available here. The EAT held that the correct method is to base the rate on a 12-week average of pay from weeks actually worked (so ignoring…
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What do we already know? We updated you in our June 2017 Newsletter Case update (1): Annual leave and employment status on the Advocate General’s Opinion in the case of King v The Sash Window Workshop Limited.  The Advocate General’s Opinion was that a worker should be entitled to carry over untaken holiday when they have…
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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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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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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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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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