Welcome to Employment Edit, our pick of the key employment law developments from the last couple of weeks: 

  • Holiday pay –  It appears likely that the Northern Ireland Court of Appeal will decide that voluntary overtime should be included in the calculation of holiday pay, if it is sufficiently regular to constitute “normal remuneration”. However, it remains to be seen exactly what the court will decide as a judgment has not yet been issued inPatterson v Castlereagh Borough Council, and it will not be binding on courts in Great Britain, but it will be a persuasive authority. In the meantime, Acas has published guidance on calculating holiday pay.
  • Employment tribunal fees - UNISON's appeal against the High Court's dismissal of its judicial review challenge to the introduction of fees in the employment tribunals has been heard by the Court of Appeal this week. Although the judgment has not yet been issued, the government has announced the start of a review of employment tribunal fees.
  • Working time – The Advocate General has issued his opinion that for peripatetic workers with no fixed place of work, the travel time from leaving home in the morning to their first appointment and the final journey from their last appointment to home should both be counted as working time for the purposes of the Working Time Directive.  It remains to be seen whether the ECJ will follow the Advocate General’s opinion. Federación de Servicios Privados del sindicato Comisiones Obreras.