header-logo header-logo

Holiday pay hell?

11 December 2014 / Sarah Johnson
Issue: 7634 / Categories: Features , Employment
printer mail-detail
johnson

What does Bear Scotland mean for employers, asks Sarah Johnson

The news has been full of holiday pay stories recently, but are employers facing holiday pay hell?

Yes, in that they will almost certainly have to include some variable payments, such as commission, in holiday pay, creating potentially significant liabilities. However, things looked a lot worse before the Employment Appeal Tribunal (EAT) decision in the joined cases of Bear Scotland Ltd and Others v Fulton and Others UKEATS/0047/13/BI, Hertel (UK) Limited v Woods and Others UKEAT/0160/14/SM and A mec Group Limited v Law and Others UKEAT/0161/14/SM (EAT decision).

Unite, the union representing the claimants, has now said it will not appeal.

Background

We are in this position because the Court of Justice of the European Union (ECJ) has held that our Working Time Regulations 1998 (regulations) do not comply with the European Working Time Directive (directive).

The directive provides employees/workers with at least four weeks’ paid annual leave in order to improve their health and safety. The UK “gold-plated” the directive, adding an

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll