Readers will recall that the Tribunal concluded in this case that a worker’s holiday pay ought to include overtime and premium payments when calculating the amount of basic remuneration. The Tribunal further suggested that any element of pay linked to the tasks required of the worker under the contract of employment, for which payment is received, should be included. The decision, one of the most significant in employment law for some time, suggests that employers may need to assess their holiday pay calculations, but with little further guidance or clarification from the Tribunal on how to achieve this, or what payments should correctly be included.
The decision of the Tribunal in Neal is not binding and the case was appealed to the EAT, the hearing taking place in Summer 2014. It was hoped that the much anticipated judgment would confirm the decision of the Tribunal and provide much needed clarity on the issues raised, including how to properly calculate holiday pay. This case has, disappointingly, has settled out of court.
The good news? The appeal hearing did go ahead in July 2014 in respect of the other cases that Neal had been joined with. When Anthony Collins Solicitors spoke with the Employment Appeal Tribunal, we were informed to expect a decision in October 2014. Therefore, watch this space for further updates in what now has the catchy case name of “Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others”.
Previous issues of our briefings on the issue of holiday pay can be found by clicking the links below:
Calculating holiday pay – don’t fall into the trap
Calculating Holiday Pay – Update
If you would like to discuss your arrangements or related issues, please contact Kate Watkins on 0121 212 7494 or kate.watkins@anthonycollins.com.
n this update, we have focussed on the headline governance and regulatory issues that are facing RPs at this time. as we all deal with the Covid-19 crisis.
The law surrounding organ donation has changed. The Organ Donation (Deemed Consent) Bill came into effect on 20 May 2020 and has implemented an opt-out system for organ donation.
Commercial and local authority landlords could benefit from urgently reviewing their legal options.
The Cabinet Office has published guidance asking for people to act responsibly, fairly and “in the national interest”.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
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