Employment law 2014 preview: holiday pay
Calculating the correct amount of holiday pay owed to a worker can prove to be a tricky task for an employer as it is dependent upon various factors. Does the worker have normal working hours or not? If they do, does their pay vary with the amount of work done? Do they work overtime and is that overtime guaranteed or non-guaranteed?
Traditionally, UK legislation has been interpreted so that guaranteed contractual overtime (obligatory on the part of the employer and the worker) was considered to count towards ‘normal working hours’. However, non-guaranteed overtime did not count for workers with normal contractual hours: instead statutory holiday pay was calculated with reference to the contractual hours only.
But in 2012, the Court of Justice of the European Union (CJEU) and subsequent Supreme Court judgment in British Airways plc v Williams cast doubt on this. The Williams litigation established that a worker must be no worse off financially during annual leave than if he/she had continued working…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Bot has proposed that the Court of Justice should dismiss both of Spain’s applications for the annulment of EU regulations relating to the Unitary Patent package.
What issues do workers of different ages face when trying to enter the workforce?