The Employment Appeal Tribunal (EAT) has held that entirely voluntary overtime should be included in normal remuneration for calculating holiday pay.
Payments for purely voluntary overtime should be included in holiday pay if they are regular enough to constitute "normal pay", the Employment Appeal Tribunal (EAT) has confirmed.
The Advocate General has taken the view that where an employer has not provided a worker with paid leave, the worker's right to paid leave carries over until he or she has the opportunity to exercise it and, on termination of the engagement, the worker has the right to payment in lieu of any leave that is outstanding.
Cases on appeal provides news on key case law developments that are expected.
An employment tribunal has held that ambulance workers' non-guaranteed overtime in respect of "shift overruns" should be included in the calculation of their holiday pay, but that on the facts of this case purely voluntary overtime does not have to be included.
The Employment Appeal Tribunal (EAT) has refused to interfere with the earlier EAT decision limiting the potential for claims for historical non-payment of holiday pay.
Half of people on zero hours contracts wrongly believe that they are not entitled to paid holidays, research by Citizens Advice has revealed.
In this week's podcast, we discuss the key findings of our new research on employers' annual leave offerings and explain how employers are working out holiday pay in the light of the glut of case law in recent years.
XpertHR research looks at annual leave provision, how employers calculate holiday pay, and arrangements for unused holiday entitlement.
HR and legal information and guidance relating to working time.