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 Employment Appeal Tribunal has held that, where an employer offers an incentive to employees to secure agreement to variation of their contracts, it is reasonable not to offer that benefit as part of an offer of re-engagement following dismissals for failure to agree.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.