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- Type:
- Employment law cases
In The Harpur Trust v Brazel, the Court of Appeal held that holiday pay for "part-year workers" should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act 1996 and calculating average weekly remuneration over the previous 12 weeks.
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- Date:
- 8 August 2019
- Type:
- Commentary and insights
Consultant editor Darren Newman looks at the latest rulings in a long line of holiday pay cases, including one with significant back-pay implications for Northern Ireland employers. He also explains why the issue of lengthy back-pay periods may not yet be completely resolved for employers in the rest of the UK.
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- Type:
- Employment law cases
In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Northern Ireland Court of Appeal refused to limit workers' historic claims for the unlawful exclusion of overtime from holiday pay calculations.
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- Type:
- Employment law cases
In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.
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- Date:
- 26 April 2019
- Type:
- Commentary and insights
In light of new guidance for local government employers on term-time workers, consultant editor Darren Newman looks for a simple way to calculate the holiday entitlement of employees who work only during school terms.
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- Type:
- Employment law cases
In Kreuziger v Land Berlin and Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu, the European Court of Justice (ECJ) held that a worker who does not apply for leave does not automatically lose the right to a payment in lieu on termination of employment.
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- Type:
- Employment law cases
In Stadt Wuppertal v Bauer; Volker Willmeroth als Inhaber der TWI Technische Wartung und Instandsetzung Volker Willmeroth eK v Broßonn, the European Court of Justice (ECJ) held that a German law that prevents a payment in lieu of a deceased worker's outstanding annual leave from forming part of their estate is incompatible with EU law.
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- Type:
- Letters and forms
A model form to create a comprehensive record of the reasons for an individual's absences.
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- Type:
- Employment law cases
In The Sash Window Workshop Ltd and another v King [2018] IRLR 142 ECJ, the ECJ held that the right to paid annual leave of a "worker" who was treated as a self-employed, commission-only salesman could accumulate over an unlimited period, and that the worker was entitled to claim the accrued holiday pay on termination.
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- Type:
- Employment law cases
In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.