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Annual leave and holiday pay

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  • 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.

  • 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.

  • Type:
    Employment law cases

    Annual leave: Worker's right to payment for untaken holiday survives death

    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.

  • Type:
    Letters and forms

    Absence record form

    A model form to create a comprehensive record of the reasons for an individual's absences.

  • Type:
    Employment law cases

    Annual leave: Worker entitled to leave accrued over full 13-year period he worked for company

    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.

  • Type:
    Employment law cases

    Holiday pay: Payment for voluntary overtime normally worked is part of "normal remuneration"

    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.

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