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.
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.
XpertHR research looks at annual leave provision, how employers calculate holiday pay, and arrangements for unused holiday entitlement.
In Grange v Abellio London Ltd  IRLR 108 EAT, the EAT held that a worker does not have to have made an explicit request to take a rest break under reg.12(1) of the Working Time Regulations 1998 for the employer to have refused a rest break for the purposes of reg.30(1)(a). It is sufficient that working arrangements operate in such a way as to prevent the break from being taken.
In Lock and another v British Gas Trading Ltd (No.2)  IRLR 946 CA, the Court of Appeal held that the Employment Appeal Tribunal was correct to uphold an employment tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include workers' results-based commission in the calculation of their holiday pay.
HR and legal information and guidance relating to working time.