Holiday Pay Claims: the end of the beginning? Or the beginning of the end?


Caspar Glyn QC and Daniel Dyal

On Monday 13 April 2015, Caspar Glyn QC and Daniel Dyal will address the Employment Lawyers Association in an evening training session in London on the hot topic of holiday pay.

Here are a few tasters of the issues they will discuss and links to some of the source materials:

–        Commission: following victory in Europe before the CJEU, Mr Lock has tasted victory in Leicester before the employment tribunal (Lock v British Gas). But how significant is this victory? Could its impact, for instance, be mitigated by simply including an element of rolled-up holiday pay in commission payments?

–        Bonuses: do they fall to be treated in the same way as commission? Might it depend on the nature of the bonus and frequency of its payment?

–        Voluntary overtime: there are conflicting first instance decisions. In Neal v Freightliner  an employment tribunal held that it should be included in the calculation of holiday pay. In Patterson v Castlereagh Borough Council an employment tribunal held that it should not. Is there a single answer right answer on the voluntary overtime issue? 

–        Are the answers in the ILO Holidays with Pay Convention (Revised), 1970 (No. 132)?

–        Limitation: was Bear Scotland correctly decided on the ‘series of deductions’ point? Are the Unlawful Deduction from Wages (Limitation) Regulations 2014 lawful ? Can both these limitations on historical liability be avoided by bringing the holiday pay claim in contract instead of under statute?

For more details and to book your place follow this link: training-and-events.