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The Employment Appeal Tribunal has this morning held that holiday pay calculations should include a sum of money reflecting normal non-guaranteed overtime (work an employee, if requested, is obliged to perform but the employer is not obliged to offer). These calculations should be based on the four weeks’ leave as opposed to 5.6 weeks under the Working Time Regulations 1998 (WTR).
Elements of the appeal claimed that such holiday pay should be backdated potentially to 1998 (when the WTR came into force). However, claims for backdated pay claims are likely to be out of time if there has been a break of more than three months between successive underpayments. The potential financial implications for companies are still likely to be significant so an appeal to the Court of Appeal and beyond is likely to follow. The impact of the decision may well be that employers look to reduce overtime where possible.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.
There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.
The theme for this year’s World Patient Safety Day is “Health Worker Safety: A priority for Patient Safety” and whilst there are many different aspects to this in terms of both physical and psychological safety is vital to promote learning and improve patient safety.
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