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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.
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
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Professor Ewart has succeeded in his age discrimination claim against Oxford University after reaching its compulsory retirement age of 68.
The wage rises will be welcomed by the lowest paid workers but raising the minimum wage levels significantly more than the current rate of inflation will increase pressures on employers.
The Tribunal statistics for the period July to September 2019 have been published and show a continuing rise in single employment tribunal cases.
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