holiday

Holiday pay: Supreme Court in Agnew increases employers’ potential liability for underpaid holiday pay

The Supreme Court has handed down judgment today in Chief Constable of the Police Service of Northern Ireland and another v Agnew and others. The judgment has significant implications for liability for underpaid holiday pay for employers, although its impact in Great Britain is mitigated by the legislation which created a two-year backstop for such …

Holiday pay: Supreme Court in Agnew increases employers’ potential liability for underpaid holiday pay Read More »

No limit to carry over for unpaid as well as untaken holiday for workers denied right to paid holiday: Smith v Pimlico Plumbers (2)

The Court of Appeal has handed down its second judgment in Mr Smith’s long-running litigation against Pimlico Plumbers, in a decision which has significant implications for holiday pay. This decision considerably raises the stakes for businesses facing worker status disputes. Mr Smith worked as a plumber for Pimlico Plumbers (Pimlico) for nearly 6 years. During …

No limit to carry over for unpaid as well as untaken holiday for workers denied right to paid holiday: Smith v Pimlico Plumbers (2) Read More »

Holiday pay: 12.07% formula should not be used for workers with no normal working hours

In a decision which potentially significantly impacts employers who engage workers under arrangements which do not have set normal working hours, the Court of Appeal has confirmed that holiday pay should not be calculated on the basis of 12.07% of hours worked but instead should be based on an average of earnings in the 12 …

Holiday pay: 12.07% formula should not be used for workers with no normal working hours Read More »

Court of Appeal confirms non-guaranteed and voluntary overtime are in scope for holiday pay calculations

This week, in the latest development on holiday pay, the Court of Appeal gave its judgment in East of England Ambulance Service NHS Trust v Flowers and confirmed that both non-guaranteed and voluntary overtime are in scope for inclusion in holiday pay calculations in respect of the 4 weeks’ Working Time Directive holiday entitlement, provided …

Court of Appeal confirms non-guaranteed and voluntary overtime are in scope for holiday pay calculations Read More »

ECJ rules that a worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave

The ECJ has handed down judgment on 6 November 2018 in Kreuziger v Land-Berlin and Max-Planck-Gesellschaft, a case concerning the circumstances in which the right to compensation in lieu of annual leave on termination of employment may be lost. The ECJ concluded that a worker cannot automatically lose his acquired right to paid annual leave …

ECJ rules that a worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave Read More »

Holiday and casual workers: the 12.07% formula challenged

A recent decision of the Employment Appeal Tribunal (EAT) casts doubt on the practice of employers fulfilling their obligations to allow paid annual leave to casual workers by providing for holiday accrual at the rate of 12.07% of hours worked. Facts Brazel was a part-time music teacher, retained on a zero hours contract.    She worked …

Holiday and casual workers: the 12.07% formula challenged Read More »

ECJ: A worker must be able to carry over paid annual leave when an employer does not allow him to exercise that right

The ECJ held today in King v The Sash Window Workshop that a worker must be able to carry over and accumulate rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave. EU law precludes the requirement …

ECJ: A worker must be able to carry over paid annual leave when an employer does not allow him to exercise that right Read More »

Holiday pay must include payment for any voluntary overtime normally worked

In the latest instalment to the litigation surrounding the correct calculation of holiday pay, the EAT has held that payment for voluntary overtime that is normally worked is within the concept of ‘normal remuneration’ and should therefore be taken into account in calculating holiday pay for the 4 weeks of holiday provided for by the …

Holiday pay must include payment for any voluntary overtime normally worked Read More »

Holiday pay must include results-based commission: Court of Appeal decision in Lock v British Gas

The Court of Appeal has confirmed in its decision today in Lock v British Gas that holiday pay must include a representative element of results-based commission. The Court did not comment, however, on whether the 12 week reference period adopted by the tribunal for calculating the commission element was correct in all cases, and indicated …

Holiday pay must include results-based commission: Court of Appeal decision in Lock v British Gas Read More »