{"id":2597,"date":"2014-12-09T00:00:00","date_gmt":"2014-12-09T00:00:00","guid":{"rendered":"http:\/\/dev1.2facearts.com\/index.php\/overtime-and-holiday-pay\/"},"modified":"2014-12-09T00:00:00","modified_gmt":"2014-12-09T00:00:00","slug":"overtime-and-holiday-pay","status":"publish","type":"post","link":"https:\/\/hebblethwaites.com\/index.php\/overtime-and-holiday-pay\/","title":{"rendered":"Overtime and holiday pay"},"content":{"rendered":"<p>\n\tIn the past companies have tended to base holiday pay payments on a worker&rsquo;s basic pay, excluding overtime. In a recent landmark case an Employment Tribunal has ruled that past, non-guaranteed overtime should be included in the calculation of holiday pay.<\/p>\n<p>\n\t&nbsp;Here&rsquo;s what ACAS have to say:<\/p>\n<p>\n\t&nbsp;&ldquo;Non-guaranteed overtime is where there is no obligation by the employer to offer overtime but if they do then the worker is obliged by the contract to work overtime.<\/p>\n<p>\n\t&nbsp;On 4th November 2014 the Employment Appeal Tribunal handed down judgment in the case of Bear Scotland v Fulton which covers how holiday pay should be calculated when non-guaranteed overtime is worked.<\/p>\n<p>\n\t&nbsp;The judgment has clarified that:<\/p>\n<ul>\n<li>\n\t\tWorkers should have their normal non-guaranteed overtime taken into account when they are being paid annual leave.&nbsp;<\/li>\n<li>\n\t\tAnybody making a claim must have had an underpayment for holiday pay that has taken place within three months of lodging an employment tribunal claim.<\/li>\n<li>\n\t\tIf a claim involves a series of underpayments, any claims for the earlier underpayments will fail if there has been a break of more than three months between those underpayments.<\/li>\n<li>\n\t\tOnly the 4 weeks&#039; annual leave entitlement under the original Working Time Directive apply to this judgment, rather than the full 5.6 weeks&#039; leave provided by the Regulations as they operate in Great Britain.<\/li>\n<\/ul>\n<p>\n\tThis judgment may have an impact in situations where non-guaranteed overtime is carried out by workers on a regular or consistent basis. It is unlikely to have an impact in situations where non-guaranteed overtime is either already factored into holiday pay, or possibly where non-guaranteed overtime is only used on genuinely one-off occasions.&rdquo;<\/p>\n<!-- -->","protected":false},"excerpt":{"rendered":"<p>In the past companies have tended to base holiday pay payments on a worker&rsquo;s basic pay, excluding overtime. In a recent landmark case an Employment Tribunal has ruled that past, non-guaranteed overtime should be included in the calculation of holiday pay. &nbsp;Here&rsquo;s what ACAS have to say: &nbsp;&ldquo;Non-guaranteed overtime is where there is no obligation [&hellip;]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_links_to":"","_links_to_target":""},"categories":[1],"tags":[],"class_list":["post-2597","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/posts\/2597","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/comments?post=2597"}],"version-history":[{"count":0,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/posts\/2597\/revisions"}],"wp:attachment":[{"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/media?parent=2597"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/categories?post=2597"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hebblethwaites.com\/index.php\/wp-json\/wp\/v2\/tags?post=2597"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}