Holiday pay – rolled up pay, commission, overtime and back pay

In recent years, few areas of employment law have proved more complicated than the rules surrounding holiday pay. This webinar will examine the various issues which have emerged from the legislation and appellate decisions, including several recent developments.

Among the issues dealt with are:

• What is the effect of the Supreme Court decision in Harpur Trust v Brazel on the entitlement of part-time and part-year workers?
• To what extent is ‘rolled up’ holiday pay lawful?
• Do employers have to keep detailed records of holidays taken by their workers?
• To what extent should overtime be included in calculating holiday pay: what if it is not compulsory? or not contractual? Flowers v East of England Ambulance Service NHS Trust
• What about commission, bonuses and tips: how does they enter into estimating entitlement? British Gas v Lock
• In what circumstances can holiday entitlement be carried over from one year to the next? HMRC v Stringer
• Are the 4 weeks laid down as holiday pay by the EU Directive to be treated differently from the additional 1.6 weeks laid down in the Working Time Regulations 1998 reg 13A?
• What is the current position regarding time limits and back pay, following King v Sash Window Corporation and Smith v Pimlico Plumbers?
• What constitutes a ‘series’ of deductions in calculating time limits? Chief Constable of the Police Service of Northern Ireland v Agnew; Bear Scotland v Fulton is the decision in Bear Scotland v Fulton
• What is the impact of the two-year limit laid down in s 23(4A) of the Employment Rights Act upon claims for holiday pay?