Holiday Pay

News & Analysis as of

Holiday Pay – UK Government Introduces Two-Year Limit on Claims for Back Pay

The UK Government has introduced legislation to help employers deal with the fallout of recent decisions indicating that pay for statutory holiday should include, and should always have included, overtime and other...more

Government action on holiday pay claims

BIS has announced this afternoon that a statutory instrument is being laid before Parliament to limit back pay in holiday pay claims to a maximum of two years. ...more

Be Global - November 2014

UK: Potential for significant increase in cost of holiday pay - The UK Employment Appeal Tribunal recently handed down judgment in the closely watched appeals in a number of cases concerning the calculation of holiday...more

UK Employment Alert: UPDATE: Unite Will Not Appeal Holiday Pay Ruling

Unite, the trade union that backed the majority of the claimants in Bear Scotland v Fulton regarding the calculation of holiday pay, has announced it will not appeal the Employment Appeal Tribunal decision....more

Case Update: Workers will not Appeal Holiday Pay Overtime Ruling

We recently reported on the Employment Appeal Tribunal’s (EAT) important decision on the calculation of holiday pay. This decision established that payments in respect of “non-guaranteed overtime” must be taken into account...more

Non-Guaranteed Overtime to be Included in Holiday Pay

Following on from our Hot Off The Press legal update, we report in more detail below on the much publicised decision of Bear Scotland Ltd v Fulton UKEATS/0047/13 & Others in which the UK Employment Appeal Tribunal (EAT)...more

UPDATE: Unite Will Not Appeal Holiday Pay Ruling

What Has Happened? - One effect of the EAT’s judgment was to dramatically limit workers’ rights to bring Employment Tribunal claims for historic underpayments of holiday pay. It had been widely expected that Unite...more

Retailers Can Avoid Holiday Headaches in New England by Complying With Holiday Pay Laws

In addition to the restrictions on opening in certain New England states, retailers with stores in Massachusetts and Rhode Island should also be aware of their obligation to pay their employees holiday pay (i.e.,...more

Case Alert: EAT Rules that Holiday Pay Includes Allowances and Non-Guaranteed Overtime

In a landmark decision, the Employment Appeal Tribunal (EAT) has decided that payments in respect of “non-guaranteed overtime”, which is overtime that an employer is not required to offer, but an employee is required to work...more

Important New Case on Holiday Pay: 7 Things UK Employers Need to Know

UK Employment Appeal Tribunal’s decision could expose UK employers to claims of underpaying holiday pay in the past. 1. What are all the headlines about? On Tuesday, 4 November 2014, the UK Employment Appeal...more

Hot off the Press: UK Holiday Pay - All Change?

A decision reached on 4 November 2014 by the Employment Appeal Tribunal is likely to have major implications for employers calculating holiday pay. The EAT found that overtime which an employee was required to work should be...more

Holiday Pay - Not As Bad As It Could Have Been

Yesterday, the Employment Appeal Tribunal (EAT) gave its long-awaited decision in Bear Scotland v Fulton and Ors on whether or not overtime should be included in holiday pay....more

Landmark judgment in Employment Appeal Tribunal case paves the way for incremental increases in holiday pay

The important judgment of the UK’s Employment Appeal Tribunal (the “EAT”) in Bear Scotland Ltd & ors v Fulton & ors, considered alongside Hertel (UK) Ltd v Wood & ors and Amec Group Ltd v Mr Law and ors, casts new light on...more

Holiday pay: the verdict

The Employment Appeal Tribunal (EAT) has today handed down judgment in the closely observed holiday pay appeals in Bear Scotland v Fulton and Baxter, Hertel (UK) Ltd v Wood and others; and Amec Group Ltd v Law and others (the...more

UK Employment Appeal Tribunal Rules That Overtime Pay Should Be Included in Holiday Pay

The Employment Appeal Tribunal in the United Kingdom ruled today that in determining "pay" for the purposes of paid holiday entitlement for those undertaking their employment duties in the UK, remuneration for voluntary,...more

UK Holiday Pay Rulings - Overtime Pay To Count But Retrospective Claims Potentially Limited

This OnPoint reports on the judgments handed down by the Employment Appeal Tribunal today confirming that under UK law the calculation of holiday pay must include overtime and taxable travelling time payments, that the...more

Employment Law in Switzerland

Switzerland is a democratic country with a population of almost 8 million people, located in the heart of Europe and comprised of 26 cantons, also known as districts, that operate utilizing three official languages: French,...more

Are Employers Required to Provide Holidays or Holiday Premium Pay? [Wage & Hour FAQ]

Just before the Labor Day holiday weekend, a client and reader of the blog asked me an even more fundamental question: do we have to provide employees with time off for holidays, whether with or without pay, or pay employees...more

All Change for Holiday Pay?

The European Court of Justice (ECJ) has considered whether commission payments should be taken into account when calculating holiday pay in the recent case of Lock v British Gas Trading Limited (C-539/12)....more

White House Lays Out Flexible Workplace Blueprint for Private Sector

For the pay period that included July 4th, we discussed how to address holiday pay for employees with alternative work schedules. This post was particularly timely given that the week before, in the run-up to the July 4th...more

Holiday Pay for Employees with Alternative Work Schedules [Wage & Hour FAQ]

With paydays that include the recent July 4th holiday coming up, it is a good time to address a fairly common question for employers whose employees work “alternative” workweek schedules: How should employers handle holidays?...more

Employment Law Commentary, Volume 26, Issue 5, May 2014

In This Issue: - Meal and Rest Break Compliance In The Post-Brinker Era - European Court of Justice: Commissions May Need to be Included in Holiday Pay - Excerpt from Meal and Rest Break Compliance In The...more

Case Alert: Lock v British Gas Trading Limited

What happened? In Lock v British Gas Trading Limited, the ECJ decided that where an employee's remuneration includes commission, the employee's holiday pay should include the commission that would have been generated...more

Holiday Pay in the United Kingdom: Commissions Must Be Included

The European Court of Justice recently issued a decision about the calculation of holiday pay which will have potentially important consequences for employers. In British Gas v Lock, the Court held that holiday pay in respect...more

Holiday pay must include commission, ECJ rules

Kate Hodgkiss, Partner in the Edinburgh office, comments: The European Court of Justice (ECJ) has today handed down judgment in a case which could mean that employers face huge liabilities for claims for holiday pay. The...more

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