In Sood Enterprises Ltd v Healy  IRLR 865 EAT, the Employment Appeal Tribunal held that workers on long-term sick leave who have not taken their annual holiday entitlement may not carry over the additional 1.6 weeks' leave to which UK workers are entitled without an agreement to do so.
An employment tribunal has found that a worker's holiday pay should be calculated by reference only to his or her basic pay, excluding overtime pay, discretionary bonuses and standby allowances, taking a more straightforward approach than the tribunal in the controversial decision in Neal v Freightliner Ltd.
The Advocate General has taken the view that, where the remuneration received by a worker comprises both basic pay and commission calculated by reference to the sales that the worker gets from his or her own work, such commission should be included in the calculation of holiday pay.
This employment tribunal held that employers should not circumvent the requirement to pay a departing worker for holiday that he or she has accrued but not taken by providing in the contract of employment that the worker will be entitled only to a nominal sum.
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