Holiday Pay: Not A Welcome Break For Employers
The recent Court of Appeal Judgment in The Harpur Trust v Brazel, though relating to a problem which particularly besets the education sector, offers food for thought (in relation to holiday pay) for seasonal businesses that engage staff on permanent contracts rather than hiring freelance staff on an ‘as and when required’ basis. The Case […]Read more
Lock, stock and holiday pay to include commission
The Employment Appeal Tribunal (EAT) has upheld the finding of the employment tribunal in the case of Lock v British Gas Trading Limited that the Working Time Regulations 1998 (WTR) can and should be read to require employers to include commission paid to workers when calculating the rate of pay for a worker’s “European” holiday […]Read more
Holiday Pay – It looks like voluntary overtime will make the cut
As previously covered in my blog on 4 November 2014, recent case law now stipulates that regular non-guaranteed overtime should be included in holiday pay calculations. In these cases, such as Bear Scotland Ltd and others v Fulton and others, the overtime in question was related to tasks which the employees were contractually obliged to perform. […]Read more
Holiday Pay to include commission: The Lock decision
The long awaited decision in Lock v British Gas has finally been handed down by the Employment Tribunal (ET). Background Mr Lock worked as a sales consultant for British Gas where he received a basic salary of £1,222.50 per month plus commission in arrears. The commission varied month to month according to how many sales […]Read more
Holiday pay – Do we or don’t we mention the word contract?
On 8 January 2015 the Deduction from Wages (Limitation) Regulations 2014 (New Regulations) came into force amending the Employment Rights Act 1996 (ERA) and Working Time Regulations 1998 (WTR). For a rundown on the position of holiday pay so far, please see our previous blog as we won’t rehearse the basic principles here. The New […]Read more
Overtime to be included in Holiday Pay; Employers no longer walking on sunshine
The long anticipated Employment Appeal Tribunal (EAT) judgment in the conjoined cases of Bear Scotland Limited v Fulton, Hertel (UK) Limited v Wood & Others and Amec Group v Law & Others has been delivered today. In my two previous blogs of the 28 July and 15 October I discussed at length the implications the […]Read more
Holiday Pay Warning – An Update
Further to my earlier blog post uploaded on 28 July 2014 we continue to await the Employment Appeal Tribunal (EAT) judgment in the joined cases of Bear Scotland Limited v Fulton, Hertel (UK) Limited v Wood & Others and Amec Group v Law & Others. My advice to both employees and employers is to read this […]Read more
Holiday Pay Warning – Are you paying the correct amount?
A number of recent case-law judgements have suggested a shift in the law in favour of employees receiving enhanced pay whilst on holiday. Basic pay no longer cuts the mustard in some cases. This development could have a significant impact on the way you run your business, especially if you employ staff with irregular hours, […]Read more
Zero Hours Contracts – Zero Hassle?
Zero hours contracts have recently excited a great deal of comment – both for and against. A recent CIPD survey estimated that there are currently around one million people in Great Britain working on a zero hours basis and that 65% of them are happy with their work‑life balance, compared with 58% of their full‑time colleagues. […]Read more