Below is a selection of well-read law firm updates on the significant recent Employment Appeal Tribunal (EAT) decision in Bear Scotland Ltd & ors. v Fulton & ors. and other consolidated appeals. The decision makes it clear that non-guaranteed overtime needs to be included in holiday pay, while liability for underpayment should not extend all the way back to implementation of the Working Time Regulation in 1988.
Important new case on holiday pay: 7 things UK employers need to know
Latham & Watkins gives a clear overview of the position following the decision and points out that the inclusion of annual and discretionary bonuses in holiday pay is still a grey area.
Holiday pay: the verdict
DLA Piper provides a clear summary of the decision and how we've got to this point.
Holiday pay - the full story
Collyer Bristow lays out in some detail the background to the case, the key issues involved and questions for employers including reviewing holiday pay systems, employment contracts and calculating potential liability.
Holiday pay - not as bad as it could have been
In this Q&A briefing McDermott Will & Emery looks at how to calculate how much employers should pay going forward as well as the risks of being sued for historical underpayments.
How much should employers be paying workers for holidays?
Reed Smith warns that the holiday pay saga is set run for some time and highlights the continued uncertainty around commission payments.
Landmark judgment in Employment Appeal Tribunal case paves the way for incremental increases in holiday pay
White & Case points out that employees whose work patterns vary greatly may seek to capitalise on the decision by taking holiday after very busy times.