Employment law brief – New Law Journal
‘Ian Smith examines the recent cases that have been driving employment law.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
Category: holiday pay
Bike couriers launch legal fight over workers’ rights – BBC News
‘Four bicycle couriers are taking their companies to a tribunal in a bid to get employed workers’ rights, including paid holidays and the minimum wage.’
BBC News, 22nd April 2016
Source: www.bbc.co.uk
Getting to Grips with the Holiday Pay Conundrum – Littleton Chambers
‘The Employment Appeal Tribunal’s (EAT’s) judgment in the Bear Scotland case is the latest in a series of cases considering what must be included in the calculation of holiday pay under the UK’s Working Time Regulations (WTR). The ruling sent shockwaves through the business community, with some commentators estimating that around five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds. Business Secretary Vince Cable even set up a taskforce to assess the possible impact of the EAT’s decision. Adam Solomon and Sophia Berry throw the spotlight on the Bear Scotland litigation in the context of other decisions on holiday pay and consider its implications. This article first appeared in the March 2015 edition of Tolley’s Employment Law Newsletter.’
Full story
Littleton Chambers, 17th March 2015
Source: www.littleton.com
Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King – Cloisters
‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’
Cloisters, 7th December 2014
Source: www.cloisters.com
Holiday pay: What about back pay? – Cloisters
‘Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others, employers feared the prospect of crippling retrospective pay claims dating back up to 16 years.’
Cloisters, 7th November 2014
Source: www.cloisters.com
Holiday pay – life after the EAT judgment – Halsbury’s Law Exchange
‘Last week, amid much media excitement, the Employment Appeal Tribunal handed down its judgment in the conjoined cases of Bear Scotland v Fulton, Amec v Law & Hertel v Woods. All three cases were appealing against the decisions of employment tribunals who determined that the calculating “normal remuneration” for holiday pay purposes should include overtime even if the overtime is not guaranteed.’
Halsbury’s Law Exchange, 14th November 2014
Source: www.halsburyslawexchange.co.uk
Law urgently needed to stop backdated holiday pay claims, employers urge – The Guardian
‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’
The Guardian, 3rd November 2014
Source: www.guardian.co.uk
Dreadlock holiday pay – Hardwicke Chambers
’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’
Hardwicke Chambers, 10th June 2014
Source: www.hardwicke.co.uk
Companies should consider intention behind allowances after Supreme Court ruling on holiday pay says expert – OUT-LAW.com
“Employers must consider the intention behind payments made on top of an employee’s basic pay following the Supreme Court’s ruling that pilots should be paid their ‘normal remuneration’ during their four weeks’ statutory annual leave, an expert has said.”
OUT-LAW.com, 22nd October 2012
Source: www.out-law.com
British Airways plc v Williams and others – WLR Daily
British Airways plc v Williams and others [2012] UKSC 43; [2012] WLR (D) 277
“Where a group of airline pilots’ claimed that their paid annual leave (as required by a European Aviation Directive) should include their regular supplementary allowances as well as their basic pay and, on a reference by the Supreme Court, the Court of Justice of the European Union had interpreted the Directive as requiring pay for annual leave to correspond to normal remuneration, assessed as being the average over a representative period of all remuneration save that intended exclusively to cover costs, the absence of a detailed domestic legislative scheme implementing the Directive’s requirements as to paid annual leave did not preclude an employment tribunal from making such an assessment.”
WLR Daily, 17th October 2012
Source: www.iclr.co.uk
Court of Appeal Clarifies the Law on Holiday Pay for Sick Workers – Harwicke Chambers
“In the recent decision of NHS Leeds v Larner [2012] EWCA Civ 1034, the Court of Appeal confirmed that workers on sick leave are entitled to carry forward unused statutory holiday entitlement without needing to submit a formal request to do so.”
Hardwicke Chambers, 7th August 2012
Source: www.hardwicke.co.uk
Westwood v Hospital Medical Group Ltd – WLR Daily
Westwood v Hospital Medical Group Ltd [2012] EWCA Civ 1005; [2012] WLR (D) 222
“A person not working for a company pursuant to a contract of employment, who was clearly an integral part of its undertaking when providing services as a surgeon, even though he was in business on his own account was a worker for the purposes of section 230(3)(b) of the Employment Rights Act 1996.”
WLR Daily, 24th July 2012
Source: www.iclr.co.uk
Staff who fall ill on holiday entitled to further paid leave, court rules – The Guardian
“Workers who fall sick during their annual leave are entitled to take corresponding paid leave at a later date, following a ruling made today by the European court of justice.”
The Guardian, 21st June 2012
Source: www.guardian.co.uk
Working Time: Holidays – 11 KBW
“Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion. Over the last 12 months, the most important working time cases have been on holidays. Some of those cases are likely to have significant financial impact for employers across the piece. This paper 1 attempts to navigate through them in a summary way, dealing with the three areas that are likely to be most important for employers and employees:
(i) What should ‘pay’ be for annual leave?
(ii) When can an employer insist that leave is taken?
(iii) What is the interplay between sickness absence and holiday pay/entitlement?”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
Neidel v Stadt Frankfurt am Main – WLR Daily
Neidel v Stadt Frankfurt am Main (Case C-337/10); [2012] WLR (D) 137
“The provisions of article 7 of Directive 2003/88/EC, concerning an employee’s entitlement to annual leave and an allowance in lieu where the employment relationship was terminated, applied to a public servant carrying out the activities of a fireman in normal circumstances.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
Russell and others v Transocean International Rescources Ltd and others – WLR Daily
“Employees working on oil and gas installations in the North Sea whose contract of employment provided for a repeating shift pattern of two weeks’ work on the rig, followed by two weeks onshore on non-working ‘field break’, were not entitled to take their statutory holiday entitlement during time when they had been scheduled to work offshore.”
WLR Daily, 7th December 2011
Source: www.iclr.co.uk
UK pilots claim ‘victory’ over BA on holiday pay – BBC News
“UK pilots have claimed a ‘huge victory’ after a European court ruled British Airways should base holiday pay on overall earnings not just basic pay. The British Airline Pilots’ Association (Balpa) said the European Court of Justice verdict would affect pilots and cabin crew and may cost airlines £50m. The case will now go back to the UK Supreme Court for a final ruling, which the union said was unlikely to differ.”
BBC News, 15th September 2011
Source: www.bbc.co.uk
Servant paid £2.50 an hour wins tribunal against Arab Princess – Daily Telegraph
“An Arab Princess has been ordered to pay £175,000 in compensation to a servant paid less than £2.50 an hour who was forced to dig into his own pocket to cover the food bills from Harrods because Tesco was not considered good enough.”
Daily Telegraph, 9th June 2011
Source: www.telegraph.co.uk
BA pilot holiday pay row lands in court – BBC News
“British Airways is due in court to fight a union’s attempt to change its policy on holiday pay for pilots.”
BBC News, 24th February 2010
Source: www.bbc.co.uk
Cotton v Secretary of State for Work and Pensions – WLR Daily
Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372
“Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings.”
WLR Daily, 17th December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
