Tag archives: holiday pay

Overtime and holiday pay – non-guaranteed and voluntary overtime

The Employment Appeal Tribunal (EAT) in the UK has recently considered whether voluntary as well as non-guaranteed overtime should be taken into account in calculating the amount of holiday pay. The question arose both under the terms and conditions of the claimants’ employment, but also pursuant to the EU Working Time Directive (No.2003/88) (WTD). The … Continue reading

UK Supreme Court holds that plumber engaged by Pimlico Plumbers was a “worker” and not a self-employed contractor

By Claire Darbourne (UK) on June 19, 2018 Posted in Discrimination and harassment, Europe, UK

The Supreme Court has dismissed the latest appeal by Pimlico Plumbers Ltd (the Company) against the employment tribunal’s decision that one of its plumbers, Mr Smith, was a “worker” under the provisions of the Employment Rights Act 1996 (ERA) and the Working Time Regulations 1998 (WTR). The Supreme Court held that, on the facts of … Continue reading

Enforcement of the right to paid holiday under the UK Working Time Regulations ruled incompatible with the EU Directive

By Claire Darbourne (UK) on November 29, 2017 Posted in Europe, UK

The Court of Justice of the European Union (ECJ) has ruled that the method of enforcement of the right to paid holiday in the UK Working Time Regulations (WTR) is incompatible with the EU Working Time Directive. This is because, if an employer refuses to pay a worker for a period of holiday, under the … Continue reading

Holiday pay – Regular voluntary overtime should be included

By Amanda Sanders on August 18, 2017 Posted in Europe, UK

A recent decision of the Employment Appeal Tribunal has held that employees who regularly work voluntary overtime beyond their contracted hours may now have those payments taken into account in calculating holiday pay. Article 7 of the Working Time Directive (2003/88/EC) (WTD) provides that workers have the right to at least four weeks’ paid annual … Continue reading

Calculating holiday pay – should voluntary overtime be included?

By Amanda Sanders on September 1, 2016 Posted in Europe, UK

Over the past few years we have seen a number of cases considering what payments should be included in the calculation of holiday pay. These cases have held that commission, contractual overtime and certain allowances should all be included. The question has remained as to how voluntary overtime should be treated. A recent employment tribunal … Continue reading

How to calculate holiday pay in the UK – an update

By Claire Darbourne (UK) and guestauthor on June 30, 2015 Posted in Europe, UK

This post was contributed by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London) As mentioned in our briefing posted in December 2014 (Holiday Pay: Where are we now?), there has recently been litigation in the UK in relation to the correct calculation of holiday pay and the factors which should be taken into account. The current … Continue reading

Holiday pay: where are we now?

By Claire Darbourne (UK) on December 10, 2014 Posted in Europe, UK

Following a recent decision of the Employment Appeal Tribunal, employers now need to calculate holiday pay to include non-guaranteed compulsory overtime. For the latest advice from the London employment team on how to calculate holiday pay, please view our briefing.… Continue reading