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Tag: working time

Holiday and casual workers: the 12.07% formula challenged

  • On 8 March 2018
  • contracts of employment, employment status, holiday, working time

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 […]

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

  • On 29 November 2017
  • holiday, holiday pay, working time

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 […]

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Holiday pay must include payment for any voluntary overtime normally worked

  • On 3 August 2017
  • holiday, holiday pay, working time

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 […]

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

  • On 7 October 2016
  • holiday, holiday pay, working time

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 […]

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Click here for the Court of Appeal Skeleton Argument on behalf of the Appellants in the case of Uber B.V. and Others v Mr Y Aslam and Others


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