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,
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
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
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
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
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
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
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
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.