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.
The snappily named Assured Tenancies and Agricultural Occupancies (Forms) (moratorium Debt) (Consequential Amendment) (England) Regulations came into force on Monday 3 May 2021.
What is a post-nuptial agreement and why do people enter it? Find out more in this ebriefing.
This ebriefing considers the Government’s proposals to simplify the procurement procedures, as set out in Chapter 3 of the Green Paper entitled “Using the right procurement procedures”.
In the second of a two-part episode, trainee solicitors Tom Corrigan, Precious Melia and Sike Olawale discuss what a training contract looks like at Anthony Collins Solicitors.
Cases involving large-scale IT contracts are quite rare and the recent case provides a useful judgement for matters involving digital transformation projects which have gone wrong.
From 4 May 2021, The Debt Respite Scheme (Breathing Space) comes into force. This scheme provides debtors with the right to legal protection from their creditors.
Birmingham-based Anthony Collins Solicitors (ACS) has announced a raft of new promotions, including appointing three new partners.
EOTs have been aggressively marketed as a tax-free share sale, but that should not deter practitioners from raising EOTs.
Remuneration for the supply of goods and the power to award equitable allowances.
The government did not accept two of the Law Commission’s recommendations - as they saw them as important safeguards in protecting charities interests in property.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.