Annual leave and holiday pay

New and updated

• Date:

  26 February 2020

  Type:

  Case studies

  How Paddle introduced unlimited annual leave and unrestricted flexible working for all its employees

  Technology company Paddle talks to XpertHR about introducing unlimited paid annual leave and unrestricted flexible working for employees, how these radical policies work in practice and the positive impact they have had on the business.

• Type:

  Editor's choice

  Time off over Christmas and New Year

  We round up our resources that will help employers manage requests for time off during the festive season, when business needs may range from requiring a certain level of cover to shutting down operations. Our resources include research on employers' arrangements for work and rest over the Christmas and New Year period, to help you benchmark your organisation.

• Type:

  Employment law cases

  Long-term sick leave: Holiday carry-over limited to four weeks, confirms ECJ

  In TSN v Hyvinvointialan Liitto Ry; AKT v Satamaoperaattorit Ry, the European Court of Justice (ECJ) held that, in the absence of domestic legislation or collective agreements to the contrary, workers on sick leave are not entitled to carry over any paid annual leave over and above the EU minimum of four weeks.

• Type:

  Employment law cases

  Court of Appeal rules on calculation of holiday pay for term-time, zero hours workers

  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.

• Date:

  8 August 2019

  Type:

  Commentary and insights

  Holiday pay calculation and back payments

  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.

• Type:

  Employment law cases

  Holiday pay: Northern Ireland Court of Appeal refuses to limit claims for overtime non-payments

  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.

• Type:

  Employment law cases

  Court of Appeal rules that voluntary overtime must be included in holiday pay

  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.

• Type:

  Survey analysis

  Annual leave survey 2019

  XpertHR research looks at employers' provision of annual leave and holiday pay.

• Date:

  26 April 2019

  Type:

  Commentary and insights

  Calculating holiday entitlement for term-time workers: is there a simple answer?

  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.

• Type:

  Employment law cases

  Annual leave: German law cannot automatically preclude termination payment for unused holiday

  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.