Holiday pay should include non-guaranteed overtime, says EAT

This report relates to 1 case(s)

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  Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT (1 other report)

  • Holiday pay: Regular, non-guaranteed overtime pay to be included in holiday pay calculation

    Date:

    2 January 2015

    In Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT, the EAT held that payment in respect of overtime that the worker is obliged to work when it is available, but that is not guaranteed by the employer, constitutes part of the worker's normal remuneration and as such should be included in the computation of the worker's holiday pay.