Workplace Savings and Benefits are reporting that the Unite union will not be appealing the EAT ruling in Bear Scotland Ltd v Fulton and others, Hertel (UK) Ltd v Woods and others and AMEC Group Ltd v Law and others (see our 7 November News Update) that: (i) non-guaranteed overtime, which a worker is contractually required to work but which an employer is not required to offer, should be included in the statutory four weeks’ minimum holiday pay calculation; and (ii) workers cannot use each shortfall in holiday pay as part of a series of unlawful deductions where a period of more than three months has elapsed between the deductions. The ruling in (ii), significantly limits the extent to which workers can make retrospective claims for underpaid holiday and the EAT gave leave to appeal, highlighting that in particular, the limit on retrospective claims point is “arguable as well as of public importance”. However, Unite’s head of media and campaigns Alex Flynn is quoted as saying “We don't want to bankrupt business; going forward it is about ensuring employees are paid their fair share”. 

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.