Getting to Grips with the Holiday Pay Conundrum – Littleton Chambers

Posted March 17th, 2015 in appeals, EC law, employment tribunals, holiday pay, news, working time by sally

‘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.’

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Littleton Chambers, 17th March 2015

Source: www.littleton.com

Allard and others v Chief Constable of Devon and Cornwall Constabulary – WLR Daily

Posted February 11th, 2015 in appeals, informers, law reports, police, remuneration, telecommunications, working time by sally

Allard and others v Chief Constable of Devon and Cornwall Constabulary [2015] EWCA Civ 42; [2015] WLR (D) 45

‘Police officers acting as handlers to informers, and responding to an automated out of hours telephone system, where contact was required between a handler and an informer, were entitled to overtime pay.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

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.’

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Cloisters, 7th December 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.’

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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

Posted November 4th, 2014 in appeals, employment, employment tribunals, holiday pay, news, working time by sally

‘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.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’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.’

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Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

Bollacke v K + K Klaas & Kock BV & Co KG – WLR Daily

Posted June 19th, 2014 in EC law, employment, law reports, remuneration, working time by sally

Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254

‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Lock v British Gas Trading Ltd – WLR Daily

Posted May 29th, 2014 in EC law, employment, law reports, remuneration, working time by michael

Lock v British Gas Trading Ltd (Case C-539/12) ECLI:EU:C:2014:351;  [2014] WLR (D)  224

‘Article 7(1) of Parliament and Council Directive 2003/88/EC precluded national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was only entitled in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. The methods of calculating the commission to which such a worker was entitled in respect of his annual leave had to be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case law of the Court of Justice of the European Union and in the light of the objective pursued by article 7 of Directive 2003/88.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk

Mba v Merton London Borough Council – WLR Daily

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Christian woman to sue for right not to work on Sundays – The Independent

“A devout Christian woman is set to fight for her right not to work on Sunday this week when her case is heard at the Court of Appeal.”

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The Independent, 20th October 2013

Source: www.independent.co.uk

Abercrombie and others v Aga Rangemaster Ltd – WLR Daily

Posted October 16th, 2013 in appeals, employment, guarantees, law reports, remuneration, working time by sally

Abercrombie and others v Aga Rangemaster Ltd [2013] EWCA Civ 1148; [2013] WLR (D) 381

“The question governing liability to make guarantee payments under section 28 of the Employment Rights Act 1996 was whether the employee ‘would normally be required to work [on the day in question] in accordance with his contract of employment’. The fact that an agreement introducing changes to an employee’s working hours was temporary did not prevent the day in question remaining ‘normally’ a working day.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) – WLR Daily

HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) (Joined Cases C-335/11 and C-337/11); [2013] WLR (D) 137

“The concept of ‘disability’ in Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation included a condition caused by an illness medically diagnosed as curable or incurable where that illness entailed a limitation which resulted in particular from physical, mental or psychological impairments which in interaction with various barriers might hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and where the limitation was a long term one.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

British Airways plc v Williams and others – WLR Daily

Posted October 19th, 2012 in airlines, EC law, holiday pay, law reports, remuneration, working time by sally

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

Employer’s liability for accidents resulting from excessive working hours – Hardwicke Chambers

Posted October 18th, 2012 in accidents, employment, news, working time by sally

“British workers put in some of the longest hours in Europe, and the burden falls particularly heavily on shift workers. You have often seen the signs ‘Tiredness Kills’ along motorways. In many instances this is literally true and over-tired drivers coming home from long shifts pose a real hazard to themselves and other road users.”

Full story

Hardwicke Chambers, 10th October 2012

Source: www.hardwicke.co.uk

EU working time rules put patients at risk, warn doctors – Daily Telegraph

Posted October 15th, 2012 in doctors, EC law, medical treatment, news, working time by tracey

“Patient care is being put at risk by the European Working Time Directive, which ‘disrupts continuity of care and distorts clinical training’, say two Royal Colleges.”

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Daily Telegraph, 14th October 2012

Source: www.telegraph.co.uk

High Court ruling will increase cost of long-term sick leave for businesses, expert warns – OUT-LAW.com

Posted July 27th, 2012 in dismissal, news, remuneration, sick leave, working time by sally

“Unused holiday entitlement by workers on long-term sick leave should be automatically transferred into the next leave year if a worker is unable to take that holiday due to his or her sickness, the Court of Appeal has said.”

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OUT-LAW.com, 27th July 2012

Source: www.out-law.com

NHS Leeds v Larner – WLR Daily

Posted July 27th, 2012 in dismissal, law reports, remuneration, sick leave, working time by sally

NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227

“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others – WLR Daily

Posted July 9th, 2012 in EC law, law reports, sick leave, working time by sally

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others (Case C-78/11); [2012] WLR (D) 194

“Article 7(1) of Parliament and Council Directive 2003/88/EC concerning certain aspects of the organisation of working time precluded national provisions under which a worker who became unfit for work during a period of paid annual leave was not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.”

WLR Daily, 21st June 2012

Source: www.iclr.co.uk

Working Time: Holidays – 11 KBW

Posted June 7th, 2012 in holiday pay, holidays, news, working time by sally

“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

Posted May 9th, 2012 in EC law, holiday pay, law reports, pensions, working time by sally

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