Overtime and holiday pay

Bear Scotland Ltd and Others v Fulton and Others [2014] UKEAT 0047/13/0411, Hertel (UK) Ltd v Woods UKEAT/0160/14/SM and Amec Group Ltd v Laws UKEAT/0161/14/SM; NLJ, 14 November, SJ 25 November

A specific type of overtime has to be included when calculating statutory holiday pay for workers, as EU law requires workers to receive their normal pay while on holiday. The EAT’s decision concerned non-guaranteed overtime – overtime which an employee is obliged to work if offered, but which an employer is not obliged to offer. Holiday pay now needs to take overtime pay into account, with restrictions on the ability to bring claims for holiday pay from previous years.