Holiday Pay and Overtime

Holiday Pay and Overtime

Well, just when you think that employment law has quietened down along comes a case in Scotland which got everyone talking. The interest was in November’s Employment Appeal Tribunal judgment in the combined cases of (1) Bear Scotland v Fulton (2) Hertel (UK) Ltd v Woods and (3) Amec Group Ltd v Law. 

The case involved the complex question of the need to include non-guaranteed compulsory overtime payments (though not other types of overtime) when calculating holiday pay for workers who work overtime. For many employees a day’s holiday pay will be a simple calculation, but for some the amount might vary greatly, depending upon the outcome, and for others (with different types of overtime arrangements) the debate was bound to go up a few degrees.

We're not sure how this will pan out as it will surely go to appeal but if you need any advice on Employment Law and what changes may affect you then get in touch.

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