TMT legal update: liability for holiday pay

A series of recent cases may oblige employers operating in technology, media and telecoms (TMT) to include average overtime, commission/bonuses and allowances when calculating holiday pay. This liability could be retrospective, extending back six years and possibly to 1998, exposing employers paying significant overtime, commission and allowances to very substantial liability.

Employers operating in the sector should therefore audit their exposure to claims and take advice on how to mitigate this risk and secure appropriate indemnities covering liability for historic shortfalls in holiday pay when acquiring businesses with staff…

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