All items: Holiday

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  Adams and another v Harwich International Port Ltd ET/1503084/10 & ET/1503085/10 (1 report relating to this case)

  • Employees allowed to carry over holiday accrued during sickness absences to following leave year

    Date:

    13 October 2011

    This case concerns the complicated relationship between sickness absence and annual leave, the law surrounding which is in an unsettled state.

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  Advocate General opinion in Lock v British Gas Trading Ltd and others Case C-539/12 ECJ (1 report relating to this case)

  • Holiday pay calculation should reflect commission worker would have received, suggests Advocate General

    Date:

    6 December 2013

    The Advocate General has taken the view that, where the remuneration received by a worker comprises both basic pay and commission calculated by reference to the sales that the worker gets from his or her own work, such commission should be included in the calculation of holiday pay.

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  Advocate General’s opinion in The Sash Window Workshop Ltd and another v King Case C-214/16 ECJ (1 report relating to this case)

  • Annual leave: Advocate General suggests that workers can carry over holiday entitlement until paid holiday offered

    Date:

    8 June 2017

    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 they have 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.

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  Anderson and others v Resource (UK) Ltd IT/1553/11 and other cases (1 report relating to this case)

  • Security firm could not buy out workers' statutory minimum holiday entitlement

    Date:

    18 August 2012

    In this case, a security company told workers that their 28-day entitlement to annual leave would be reduced because they were paid double for working bank or public holidays. The Northern Ireland industrial tribunal found this to be a breach of the workers' statutory right to a minimum of 28 days' annual leave.

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  Armstrong v Walter Scott Motors (London) Ltd EAT/766/02 (1 report relating to this case)

  • Assertion of statutory rights: Employee was reasonably clear in asserting statutory holiday leave entitlement

    Date:

    1 November 2003

    In Armstrong v Walter Scott Motors (London) Ltd, the EAT holds that an employee was reasonably clear in asserting his statutory right to paid holiday entitlement under the Working Time Regulations 1998 when he pointed out to his employer that, contrary to what the company staff handbook said, he should not be forced to wait a year before being entitled to take paid holiday, and that this requirement in the handbook was "morally indefensible in this day and age".

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  Ashby v Addison and another (t/a Brayton News) [2003] All ER (D) 98 (Jan) EAT (1 report relating to this case)

  • Working time: I5-year-old "paper boy" was not entitled to paid holiday under WTR

    Date:

    4 April 2003

    In Addison & Addison (t/a Brayton News) v Ashby, the EAT holds that a 15-year-old "paper boy" is not a "worker" for the purposes of the Working Time Regulations 1998, and so is not entitled to four weeks' paid annual leave under the Regulations.

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  Asociación Nacional de Grandes Empresas de Distribución (Anged) v Federación de Asociaciones Sindicales (Fasga) and others [2012] IRLR 779 ECJ (2 reports relating to this case)

  • Working time: Workers must be able to postpone paid annual leave on becoming sick

    Date:

    4 December 2012

    In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others [2012] IRLR 779 ECJ, the ECJ held that the Working Time Directive prohibits national measures that do not allow workers who become sick during paid annual leave to take that annual leave at a later time.

  • Sickness during annual leave: annual leave can be taken at another time irrespective of when incapacity occurs

    Date:

    21 June 2012

    The European Court of Justice has confirmed that a worker who is sick during a period of annual leave cannot be precluded from taking the holiday at a time other than that originally scheduled, irrespective of when the incapacity for work first arose. 

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  Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA (1 report relating to this case)

  • Bamsey and others v Albon Engineering & Manufacturing plc

    Date:

    1 June 2004

    In Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA, the Court of Appeal held that where overtime hours have been worked during the 12-week period immediately preceding the date on which a worker's holiday begins only those hours that the employer is contractually required to provide and the worker contractually required to work count as normal working hours for the purposes of determining the amount of a week's pay.

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  Bamsey and others v Albon Engineering [2003] All ER (D) 424 (Mar) EAT (1 report relating to this case)

  • Case round-up

    Date:

    1 June 2003

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

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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 (2 reports relating to this case)

  • 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.

  • Holiday pay should include non-guaranteed overtime, says EAT

    Date:

    4 November 2014

    The Employment Appeal Tribunal (EAT) has held that regular non-guaranteed overtime should be included in holiday pay calculations, but the EAT has limited the potential for workers to succeed with claims for historical non-payment of holiday pay.