Holiday Pay and Overtime Claim Judgement Published

  • Tuesday, November 4, 2014

The long awaited Employment Appeal Tribunal judgment of The Honourable Mr Justice Langstaff in the appeals regarding holiday pay and overtime claims has finally been published on 4th November 2014.

The most significant finding that the Employment Appeal Tribunal made was that:-

"Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not obliged to offer as a minimum, is part of normal remuneration and to be included as such in the calculation of pay for holiday leave taken under regulation 13 of the Working Time Regulations 1998. Those Regulations could be interpreted so as to conform to that interpretation.

An appeal by Bear Scotland was thus rejected, as were (on these issues) appeals by Hertel and Amec." The full judgement can be found here.(UKEATS/0047/13/BI;UKEAT/0160/14/SM;UKEAT/0161/14/SM)

Trinity Chambers'employment law barristers were recently recognised in the 2014 edition of Legal 500 :- "Trinity Chambers is ‘a fine set' for employment matters. Members specialise in equal pay claims, and several barristers feature in the Equality and Human Rights Commission’s panel of preferred counsel. Practitioners regularly represent trade unions, local authorities and NHS trusts among other entities."

The Trinity Employment Law barristers regularly deliver training to solicitor clients and will in due course deliver sessions on the latest developments with holiday pay and overtime claims. Please look out for further details on the "Training" Section of the Trinity website.