How long can an employee carry unused annual leave forward for when they’ve been sick?
In recent years we’ve all got used to the idea that somebody who is on the long-term sick will continue to accrue holiday and be able to carry it forward if they have been unable to take that annual leave by reason of their sickness. A question arose recently in the...I am calculating holiday pay for an employee who is leaving us. How do I calculate what they are owed?
If your contract of employment is silent on the matter you will have to calculate the holiday they are owed using 1/365th of their normal salary. This is because Section 2 of the Apportionment Act 1890 provides that ‘all periodical payments in the nature of income…...Holiday pay – don’t bury your head in the sand!
Last week John Lewis settled with their partners regarding holiday pay following the decision before Christmas in Bear v Scotland. They have agreed that from February 1st that holiday pay will include an element of overtime and to pay back payments for sums that have...Holiday pay and overtime
One of the questions that arises from last week’s decision in Bear Scotland v Fulton as regards holiday pay and overtime is whether employers can distinguish between different types of overtime. In Tarmac Roadstone Holdings Ltd v Peacock the Court of Appeal...The panic around holiday and overtime
Yesterday the Employment Appeal Tribunal (EAT) gave its hotly anticipated judgment on the calculation of holiday pay which has resulted in a lot of misleading press commentary and panic. Stop panicking. Let’s set some context: under the Working Time Regulations...
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