The UK Employment Appeal Tribunal (the “EAT”) has ruled that overtime payments, even if they are not guaranteed, must be included in calculating the rate at which holiday is paid to employees. The decision has significant implications for employers with workers who work variable hours, e.g. seasonal workers, or who work unfixed hours.
The Government has announced that a taskforce will assess the impact of this decision in Bear Scotland and others v. Fulton and others.
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