0370 270 6000
Home arrow Insights & events arrow Resources arrow Blogs arrow Holiday pay includes overtime

Holiday pay includes overtime

4 November 2014

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.

Related opinions

Vaccinations in the Workplace: a higher expectation than one may think

There is currently no legislation requiring employees within the UK to have the COVID-19 vaccine. However, a recent Acas survey found that approximately 22% of employers intend to require their new staff to have the COVID-19 vaccination, and 21% would require their existing staff to be vaccinated too.

View blog

Fire and Re-hire

In late March, P&O Ferries made 800 members of staff redundant instantaneously and with no notice, to then go on to replace them with cheaper agency workers. This sparked wide range shock and triggered government interest in introducing a new statutory code of practice covering fire and rehire.

View blog

Local Health Systems: Relationships not structures

The Local Government Information Unit’s Local Democracy Research Centre report, there are calls for a reinvigorated role for local government as leaders of local health systems, to develop and strengthen relationships of trust, transparency and cooperation.

View blog

Planning the future of mental health and wellbeing

Throughout the pandemic with the Covid-19 isolations and with many of us (still) working from home, there seems to have been sea-change, a recognition of the importance of mental health and wellbeing.

View blog

View all blogs

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up

Quick links

Information

  1. ISO 27001 INFORMATION SECURITY MANAGEMENT UKAS
  2. Investors in people
  3. Lexcel
  5. Plain English Campaign Approved

© Copyright Browne Jacobson LLP 2022 - All rights reserved