Voluntary overtime pay should be taken into account when calculating statutory holiday pay for a worker's 4 week EU-derived holiday entitlement, notwithstanding that UK regulations exclude this.
An Employment Tribunal has ruled that the relevant UK provisions can be interpreted purposively to comply with EU law requiring the payment of "normal remuneration" reflecting both basic salary and remuneration "intrinsically linked to the performance of the tasks" carried out under the employment contract (see BA v Williams). An appeal has been lodged. (Neal v Freightliner Ltd, ET)
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Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
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Emma Rohsler
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Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
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Christine Young
Partner, London
Disclaimer
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