Reported as a "Key Case" in IDS Employment Law Brief HR Number 1010 (December 2014)
Bear Scotland Ltd and ors v Fulton and ors; Hertel (UK) Ltd v Woods and ors; Amex Group Ltd v Law and ors, EAT
The EAT holds that payments in respect on no-guaranteed overtime must be taken into account when calculating holiday pay under the EU Working Time Directive. Furthermore, the Working Time Regulations 1998 can be construed to achieve that result in respect of the basic four weeks' leave due under Reg 13. However, the judgment significantly limits the scope for retrospective holiday pay claims based on a series of unauthorised deductions under the Employment Rights Act 1996, deciding that such a series is broken by any gap of more than three months between deductions.
Hazel's comment:
IDS publications are not available online. However, I have found a report of the case from Judiciary (gov.uk) – a 53-page PDF and there are other commentators besides IDS if you search on the case title.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment