Overtime should count in holiday pay

04-11-2014 12:47

At 10.30am today (04.11.14) the EAT ruled that non guaranteed overtime should be taken into account when calculating holiday pay.  The ruling was on three cases: Bear Scotland v Fulton, Amec v Law, and Hertel v Wood.

This means all workers working overtime can claim additional holiday pay.  Claims from workers can be backdated  although today’s decision may mean the amount of back pay which they can claim will be restricted.

This decision could have wide ranging financial implications for many employers and on that basis is likely to be appealed.  We will keep you up to date as and when there is more news.

For more assistance with employment law issues, please contact Christina Merrington.

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