The Practical Lawyer

Home
About
CPD
Subscribe
Contact

Holiday pay – finality

The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation.

The CA decided that results-based commission has to be taken into account when working out statutory holiday pay. But, this applies to the four core weeks only (and not the extra 1.6 weeks) of statutory holiday. Disappointingly, however, the CA refused to consider the situation when there are other types of remuneration (eg annual bonuses), and whether they should be taken into account when calculating statutory holiday pay. What is clear from previous case law is that compulsory and non-guaranteed overtime must be taken into account; in practice, most ETs also take voluntary overtime into account (but there is no EAT authority on the point).

The CA also failed to give guidance on the length of the period to be used when working out how much commission is taken into account. Presumably, that will simply have to vary with the type of remuneration in question.

 

Most-read articles

Wills – dependency claim
Tuesday, 11 April 2017
A widow successfully appealed an award under the I(PFD)A which was made in favour of the testator’ long-term partner (P). The High Court ordered that a life interest in the testator’s half share... Read more...
Legal advice privilege – ‘the client’
Tuesday, 11 April 2017
Legal advice privilege applies to communications with the ‘client’ (only). But, in a large organisation, how do you define the ‘client’? Read more...
Proportionality – planning
Tuesday, 11 April 2017
These are the words of a county court judge in 2001 – they remain equally valid today: Read more...
Architect’s drawing – IP
Tuesday, 11 April 2017
A client may acquire a property with an existing planning permission. If that planning permission is granted on condition that the development is carried out in accordance with specific drawings,... Read more...
MIB – new agreements
Tuesday, 11 April 2017
In January, the MIB published a new Untraced Drivers Agreement, and a revised version of its Uninsured Drivers Agreement, with the changes coming into effect on 1 March 2017. Read more...
Possession – deposit release?
Tuesday, 11 April 2017
On a residential property possession claim, can the court order the deposit holder to release the deposit to L on account of a judgment for rent arrears (ie without the consent of T)? Read more...
Property guardians – assured shorthold!
Tuesday, 11 April 2017
Property guardians are residential occupiers sent into an empty commercial building to protect it from squatters and vandalism. Typically, a guardian will occupy under a licence agreement, and pay a... Read more...
Rates – refurbishment
Tuesday, 11 April 2017
The Supreme Court has handed down a judgment that will be welcomed by all commercial property developers. The court has reversed the previous CA decision and held that only nominal rates have to be... Read more...
Legal aid – domestic violence
Tuesday, 11 April 2017
The five-year time limit on evidence of abuse which prevented vulnerable victims of domestic violence from securing legal aid for court hearings has been removed. This means more victims will be able... Read more...
Holiday pay – finality
Tuesday, 11 April 2017
The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation. Read more...

Resources

IAG International
In House Lawyer
www.totallylegal.com
Join the IBA now!
MSI Global Alliance