Annual leave and holiday pay

New and updated

• 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.

• Holiday accrual in first year of employment worked example 1

  Type:

  Worked examples

  A worked example setting out how to calculate a full-time worker's accrual of annual leave in the first year of employment, where the worker wishes to take holiday in the second month of employment.

• Can an employee take annual leave while on long-term sickness absence?

  Type:

  FAQs

• Can an employer cancel an employee's booked period of annual leave?

  Type:

  FAQs

• Does an employer have to agree to an employee's request to cancel a booked period of annual leave?

  Type:

  FAQs

• Working time: Voluntary overtime should have counted towards holiday pay

  Date:

  30 September 2015

  Type:

  Law reports

  In Patterson v Castlereagh Borough Council [2015] IRLR 721 NICA, the Northern Ireland Court of Appeal held that a Northern Ireland industrial tribunal had erred in excluding voluntary overtime from the calculation of the claimant's outstanding holiday pay

• Holiday notice requirements worked example 2

  Type:

  Worked examples

  A worked example setting out the notice requirements an employee must give to take five days' leave where there is no contractual agreement regarding notice periods for holiday.