Tag Archives: holiday

Europe: Statutory holiday pay claims- EU Advocate-General publishes opinion on workers denied paid holiday

The ECJ Advocate-General has given his opinion in King v The Sash Window Workshop that employers must make ‘adequate facilities’ (eg, contractual rights or administrative procedures) available to workers in order that they can take annual leave. If those facilities … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Statutory holiday pay claims – EAT upholds time limits

Employers will welcome a recent EAT ruling in relation to claims for statutory holiday pay, which must be brought within three months of the end of each 'series' of underpayments. The EAT treated as binding precedent an earlier EAT decision … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Working hours (including holiday, sick leave, overtime, rest breaks)

Indonesia: Religious Holidays Allowance

Last year the Ministry of Manpower issued an important regulation regarding religious holiday allowances, in the form of Minister of Manpower Regulation No. 6 of 2016 (Regulation 6/2016). Regulation 6/2016 revoked and replaced the previous regulation governing the issue, which … Continue reading

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Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Supreme Court refuses to hear statutory holiday pay case

The Supreme Court yesterday refused British Gas permission to appeal the Court of Appeal ruling that statutory holiday pay must include results-based commission (Lock v British Gas Trading). This provides employers with final confirmation that the calculation of pay for … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

Australia: Long service leave in Western Australia – significant decision

The decision of a Full Bench of the WAIRC in Baker Hughes Australia Pty Ltd v Venier [2016] WAIRC 00843 delivered on Wednesday, 26 October 2016 is significant for employers whose employees transfer between different entities in a corporate group. … Continue reading

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Filed under Jurisdiction: Australia, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Court of Appeal judgment in Lock confirms holiday pay must include results-based commission

This afternoon, the Court of Appeal released its judgment in the holiday pay case, British Gas Trading v Lock, dismissing the employer's appeal.  It confirmed that words can be read into the Working Time Regulations (to comply with EU law) to provide … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Statutory holiday rights during garden leave/other leave and pay

The ECJ has ruled that workers placed on garden leave are not entitled under EU law to pay in lieu of unused holiday they could have taken during the garden leave period (unless they were unable to take it due … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: First instance rulings that statutory holiday pay must reflect voluntary overtime

A couple of first instance employment tribunal judgments have ruled that the calculation of statutory holiday pay (for the 4 weeks' EU-derived holiday) should include an element for voluntary overtime, voluntary standby and voluntary call out payments, provided that the … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Date for appeal hearing on holiday pay

The appeal in the holiday pay case Lock v British Gas Trading has been listed to be heard by the Court of Appeal sooner than expected, floating over 11 to 12 July 2016.  A judgment can be expected in the … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: EAT rejects appeal on inclusion of commission in holiday pay

The EAT gave its judgment on the appeal in Lock v British Gas Trading yesterday.  It upheld the tribunal's ruling that words can be written into the Working Time Regulations to comply with EU law and provide that commission is … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)