Annual leave and holiday pay

New and updated

• Bank and public holidays 2020 (Scotland)

  Type:

  Quick reference

  Updated to reflect that the May bank holiday has been moved to Friday 8 May, to coincide with the 75th anniversary of VE Day.

• Fixed-term employee's holiday entitlement contract clause

  Type:

  Policies and documents

  Updated to include information on East of England Ambulance Trust v Flowers, in which the Court of Appeal held that the calculation of holiday pay should include voluntary overtime.

• How should an employer compute a week's pay in relation to an employee's holiday pay entitlement?

  Type:

  FAQs

• When does overtime have to be included in holiday pay?

  Type:

  FAQs

• Court of Appeal rules that voluntary overtime must be included in holiday pay

  Date:

  11 June 2019

  Type:

  Law reports

  In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.

• Annual leave survey 2019

  Date:

  22 May 2019

  Type:

  Survey analysis

  XpertHR research looks at employers' provision of annual leave and holiday pay.

• Calculating holiday entitlement for term-time workers: is there a simple answer?

  Date:

  26 April 2019

  Type:

  Legal guidance

  In light of new guidance for local government employers on term-time workers, consultant editor Darren Newman looks for a simple way to calculate the holiday entitlement of employees who work only during school terms.

• Increase in holiday reference period from 12 weeks to 52 weeks

  Type:

  Legal timetable

  The reference period used for determining a week's pay when calculating holiday pay for workers with irregular hours increases from 12 weeks to 52 weeks.

• Annual leave: German law cannot automatically preclude termination payment for unused holiday

  Date:

  7 November 2018

  Type:

  Law reports

  In Kreuziger v Land Berlin and Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu, the European Court of Justice (ECJ) held that a worker who does not apply for leave does not automatically lose the right to a payment in lieu on termination of employment.

• Annual leave: Worker's right to payment for untaken holiday survives death

  Date:

  7 November 2018

  Type:

  Law reports

  In Stadt Wuppertal v Bauer; Volker Willmeroth als Inhaber der TWI Technische Wartung und Instandsetzung Volker Willmeroth eK v Broßonn, the European Court of Justice (ECJ) held that a German law that prevents a payment in lieu of a deceased worker's outstanding annual leave from forming part of his or her estate is incompatible with EU law.