Tag archives: holiday pay

What is a workers right to claim holiday pay?

By Amanda Sanders (UK) on February 7, 2022 Posted in General, UK

The UK Court of Appeal has given its judgment in the case of Smith v Pimlico Plumbers and has allowed the appeal by the appellant in relation to his claim for holiday pay. The case considered whether the worker (who had been incorrectly identified as self-employed) was within time to bring his claim for paid … Continue reading

La Fête nationale et la Fête du Canada : quelles obligations ont les employeurs?

By Geneviève Lay (CA) on June 18, 2021 Posted in Canada, North America, Québec

L’approche de la période estivale rime avec l’arrivée des vacances annuelles, mais aussi l’enchaînement de deux jours fériés en l’espace de 8 jours. La Fête nationale (le 24 juin – jour de la St-Jean Baptiste) et la Fête du Canada (le 1er juillet) tombent cette année toutes les deux un jeudi. Afin de dissiper les … Continue reading

Employment Appeal Tribunal rules on carry over of holiday pay.

By Amanda Sanders (UK) on March 23, 2021 Posted in Contracts, UK

The Employment Appeal Tribunal (EAT) has handed down its judgement looking at a workers right to claim holiday pay. The claimant, Mr. Smith, worked for the respondent, Pimlico Plumbers between 2005 and 2011, and was considered throughout the six year period to be self-employed independent contractor. As such, he had no entitlement to paid annual … Continue reading

Ontario: Paying employees for the Victoria Day Holiday during the pandemic

By Natasha Hyppolite on May 15, 2020 Posted in Canada, Coronavirus

Monday May 18, is Victoria Day (Journée nationale des patriotes, or National Patriot’s Day, in Quebec); a holiday which most employees are entitled to take off and receive public holiday pay. The COVID-19 pandemic has resulted in emergency leaves, temporary layoffs and reduced schedules. As a result, some may have lost track of upcoming long … Continue reading

Ontario : Payer ses employés pour la fête de la Reine en temps de pandémie

By Natasha Hyppolite on May 15, 2020 Posted in Canada, Coronavirus, Québec

Le lundi 18 mai est le jour de la fête de la Reine (Journée nationale des patriotes au Québec); un jour férié pour lequel la plupart des employés ont le droit de prendre congé et de recevoir un salaire pour jour férié. La pandémie de la COVID‑19 a donné lieu à des congés pour situation … Continue reading

UK Job Retention Scheme open for applications

By Amanda Sanders (UK) on April 20, 2020 Posted in Coronavirus, UK

The UK Job Retention Scheme (JRS) opened for online applications on 20 April 2020. Access to the online portal can be found here. The Government has also published a separate guidance note here which provides details of how to calculate 80% of the employee’s wages to claim through the JRS and some helpful worked examples … Continue reading

Upcoming Employment Law Changes in 2020

By Amanda Sanders (UK) on January 7, 2020 Posted in Contracts, General, UK, Uncategorized

As we start the new year with a new Government in the UK, we consider the important employment law changes that will, or may, come into effect in 2020. New right to a written statement of terms Currently, employees who have been continuously employed for more than one month must be provided with a written … Continue reading

A Festive Reminder: Employee Entitlements during the Holiday Season

By Crystal Li, Laurie Duhem and Danielle Emmett on December 10, 2019 Posted in Canada

As 2020 quickly approaches, there are a number of upcoming statutory holidays that would trigger obligations of employers to their employees. Below, we have summarized some the most important obligations of provincially regulated employers in Alberta, British Columbia, Ontario and Quebec, as well as federally regulated employers, to their employees with respect to the upcoming … Continue reading

Un joyeux rappel : Droits des employés pendant le temps des Fêtes

By Crystal Li, Laurie Duhem and Danielle Emmett on December 10, 2019 Posted in Canada, Québec

Comme 2020 approche à grands pas, il y a un certain nombre de jours fériés à venir qui créent des obligations pour les employeurs envers leurs employés. Nous avons résumé ci-dessous certaines des plus importantes obligations ayant trait à ces jours fériés pour les employeurs régis par les lois provinciales de l’Alberta, de la Colombie-Britannique, … Continue reading

Holidays for Term-Time only workers not subject to pro rata reduction

By Amanda Sanders (UK) on August 30, 2019 Posted in Contracts, UK

The law on holiday leave and pay in the UK is continually developing. The Court of Appeal has recently ruled on another holiday entitlement case, holding that permanent employees, who work for only part of the year, are entitled to a minimum of 5.6 weeks and that employers cannot pro-rate their holiday entitlement to reflect … Continue reading

Overtime and holiday pay – non-guaranteed and voluntary overtime

By Amanda Sanders (UK) on July 13, 2018 Posted in Contracts, Europe, UK

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 (UK) 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 (UK) 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