Webinars by Practice Area
Holiday pay: rolled-up pay, commission, overtime and back pay
Available from: 22/11/2021
This webinar will examine a number of thorny problems which have emerged from the appellate courts in deciding the extent to which a worker is entitled to back pay. Among the issues dealt with are:
- to what extent should overtime be included in calculating holiday pay: what if it is not compulsory? or not contractual? East of England Ambulance Service NHS Trust v Flowers; Dudley MBC v Willetts
- how does commission enter into estimating entitlement? British Gas v Lock
- in what circumstances can holiday entitlement be carried over from one year to the next? HMRC v Stringer
- what is the current position regarding time limits and back pay, following King v Sash Window Corporation and Smith v Pimlico Plumbers?
- is the decision in Bear Scotland v Fulton that tribunals cannot award back pay for holiday beyond a three-month break still valid?
- what is the impact of the two-year limit laid down in s 23(4A) of the Employment Rights Act upon claims for deduction from wages?
- how is the entitlement to holiday pay altered where a worker is affected by coronavirus?
- how should part-time workers’ holiday pay be calculated: Harper Trust v Brazel?