Annual leave and holiday pay

New and updated

• Religious holidays policy

  Type:

  Policies and documents

  Updated to include information on Gareddu v London Underground Ltd, affirming that an employer was entitled to turn down an employee’s request for a long period of time off for religious festivals.

• Annual leave: holiday pay must include commission, confirms Court of Appeal

  Date:

  9 October 2016

  Type:

  Law reports

  The Court of Appeal has held that the Employment Appeal Tribunal (EAT) was correct to uphold an employment tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include a worker's commission in the calculation of his or her holiday pay.

• Sick leave: European court confirms holiday can be carried forward

  Date:

  16 September 2016

  Type:

  Law reports

  The European Court of Justice (ECJ) reiterated that if sickness prevents a worker from taking annual leave, his or her annual leave can be carried forward into the next holiday year. Bethan Odey summarises the case.

• Holiday pay: employment tribunal includes purely voluntary overtime

  Date:

  15 September 2016

  Type:

  Law reports

  An employment tribunal has held that payments for purely voluntary overtime should be included in holiday pay.

• How should employers deal with requests for time off to watch key events during the Olympic Games or other major sporting events?

  Type:

  FAQs

• If an employee is on sickness absence during a bank holiday, are they entitled to be paid or to receive additional time off in lieu?

  Type:

  FAQs

• Annual leave: 2016 survey of employer practice

  Date:

  16 May 2016

  Type:

  Survey analysis

  This XpertHR survey on annual leave arrangements covers responses from 365 employers and details the median basic holiday entitlement, plus the formulas used by employers to calculate holiday pay.

• Policy on buying and selling holiday

  Type:

  Policies and documents

  Updated to include the date of the Court of Appeal hearing in the Lock case, on the inclusion of commission in holiday pay.

• Holiday pay: Working Time Regulations require commission payments to count in holiday pay calculation

  Date:

  30 March 2016

  Type:

  Law reports

  In Lock and another v British Gas Trading Ltd (No.2) [2016] IRLR 316 EAT, the EAT held that the domestic Working Time Regulations 1998 are capable of being interpreted in a manner consistent with the requirements of EU law, which include the requirement to factor results-based commission payments into the calculation of holiday pay.

• Holiday pay: working time legislation can be interpreted to include commission, confirms EAT

  Date:

  22 February 2016

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) has refused to interfere with the tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include a worker's commission in the calculation of his or her holiday pay.