This webinar will examine decisions from the European Court of Justice and our own appellate courts. It will analyse the implications for employers and employees, and should be seen by lawyers and HR professionals who need to consider the basic framework and the current position.
The ECJ case of King v The Sash Window Workshop Ltd has opened the door to historical claims where workers have not been paid holiday pay - whether they requested it or not. As a result, there have been predictions of a flood of claims to establish worker status.
In Bear Scotland v Fulton the EAT held that ETs could not award backpay for holiday beyond a 3-month break. Does that decision still stand?
The Deduction from Wages (Limitation) Regulations 2014, prohibits ETs from considering deductions from wages made more than two years before the claim. Is that now in doubt as far as holiday pay is concerned?
The size of the weekly wage packet has also been the subject of appellate decisions. As a result of Dudley Metropolitan Council v Willetts (EAT) should payment for voluntary overtime be included in holiday pay calculation (contrary to our previous appellate decisions)? What about commission payments - should they always be included in the calculation?
The webinar will examine recent European and appellate decisions, placing the analysis within the context of the overall framework of our law on holiday pay.