Annual leave and holiday pay

New and updated

• Type:

  Policies and documents

  Fixed-term employee's holiday entitlement contract clause

  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.

• Type:

  FAQs

  When does overtime have to be included in holiday pay?

• Date:

  11 June 2019

  Type:

  Law reports

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

  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.

• Date:

  22 May 2019

  Type:

  Survey analysis

  Annual leave survey 2019

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

• Date:

  26 April 2019

  Type:

  Commentary and analysis

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

  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.

• Type:

  Legal timetable

  Increase in holiday reference period from 12 weeks to 52 weeks

  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.

• Date:

  7 November 2018

  Type:

  Law reports

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

  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.

• Date:

  7 November 2018

  Type:

  Law reports

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

  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.

• Date:

  12 July 2018

  Type:

  Law reports

  Ambulance workers' holiday pay must include "regular and settled" voluntary overtime

  In Flowers and others v East of England Ambulance Trust, the Employment Appeal Tribunal (EAT) held that voluntary overtime must be included in the calculation of holiday pay for ambulance workers with a pattern of voluntary overtime that is sufficiently regular and settled.

• Type:

  Policies and documents

  Absence record form

  Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018, on this document.