header-logo header-logo

13 November 2014 / Jessica Corsi
Issue: 7630 / Categories: Opinion , Employment
printer mail-detail

Holiday (pay) time

corsi_0

The Bear Scotland decision could have been worse for employers, says Jessica Corsi

Last week the Employment Appeal Tribunal (EAT) ruled that a specific type of overtime has to be included when calculating statutory holiday pay for workers, as EU law requires workers to receive their normal pay while on holiday. While the ruling, in the joined cases of Bear Scotland Ltd v Fulton UKEATS/0047/13/B, Hertel (UK) Ltd v Woods UKEAT/0160/14/SM and Amec Group Ltd v Laws UKEAT/0161/14/SM, will significantly increase many employers’ wage bills going forward, it could have been a lot worse. It is also not necessarily the end of the story and there are still some unresolved issues.

Non-guaranteed overtime vs voluntary overtime

The EAT’s decision concerned non-guaranteed overtime—overtime which an employee is obliged to work if offered, but which an employer is not obliged to offer. This is different from truly voluntary overtime—where employees can choose whether to work any overtime offered. The extent to which voluntary overtime has to be included may still be up for grabs. Questions also

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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll