holiday pay
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King v The Sash Window Workshop Ltd CJEU C-214/16
Preliminary ruling concerning the interpretation of Article 7 of Directive 2003/88/EC to determine the Claimant's request for an allowance in lieu of annual leave not taken for the years 1999 to 2012. The CJEU ruled that it precluded the worker having to take his leave first before establishing whether he has the right to be paid in respect of that leave and precluded national provisions or practices that prevent a worker from carrying over and, where appropriate, accumulating, until termination of his employment relationship, paid annual leave rights not exercised in respect of several consecutive reference periods because his employer refused to remunerate that leave.
- cases
29/11/2017 13:49
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Changes to how the Insolvency Service calculates holiday pay payments
The EAT has decided that, if someone has received holiday pay from the Insolvency Service Redundancy Payments Service (RPS), this holiday pay should take into account commission if individuals were entitled to commission as part of their employment contract.
- news
15/09/2017 11:09
https://www.gov.uk/government/news/employment-appeal-tribunal-changes-to-how-the-insolvency-service-calculates-holiday-pay-payments
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Dudley Metropolitan Borough Council v Willetts & Ors UKEAT/0334/16/JOJ
Appeal against an ET ruling that payments received in respect of entirely voluntary overtime should be treated as forming part of a worker’s “normal remuneration” for the purpose of calculating Regulation 13 holiday pay. Appeal dismissed.
- cases
04/08/2017 11:32
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King v The Sash Window Workshop Ltd Case C-214/16 CJEU
Court of Justice rules that workers are entitled to paid leave and can claim compensation if they are not allowed to take their holidays.
- cases
09/06/2017 10:37
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Fulton & Ors v Bear Scotland Ltd UKEATS/0010/16/JW
Appeal against a decision which held that a gap of more than 3 months between successive deductions would render the earlier ones time barred. Appeal dismissed.
- cases
25/05/2017 15:27
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Amey Services Ltd & Anor v Aldridge & Ors UKEATS/0007/16/JW
Appeal against a decision to allow various applications to amend holiday pay claims brought by a number of claimants where they were alleging that they had been underpaid. Appeal allowed.
- cases
09/03/2017 11:33
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British Gas Trading Ltd v Lock & Anor [2016] EWCA Civ 983
Appeal against an EAT decision upholding a finding that domestic legislation could be interpreted in conformity with the requirements of the Working Time Directive, such that results-based commission payments (not dependent on the amount of work undertaken) must be included in the Claimant’s holiday pay. Appeal dismissed.
- cases
11/10/2016 09:48
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Shifferaw v Hudson Music Co Ltd UKEAT/0294/15/DA
Appeal against various aspects of the way in which the ET had calculated the Claimant's award after her successful claims of wrongful and unfair dismissal. Appeal allowed in part.
- cases
31/08/2016 10:46
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British Gas Trading Ltd v Lock & Anor UKEAT/0189/15/BA
Appeal against a finding that domestic legislation could be interpreted in conformity with the requirements of the Working Time Directive, such that results-based commission payments (not dependent on the amount of work undertaken) must be included in the Claimant’s holiday pay. Appeal dismissed.
- cases
23/02/2016 09:35
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Greenfield v The Care Bureau C-219/14
Reference for preliminary ruling concerning the amount the claimant feels she is due in lieu of paid leave not taken after termination of her employment contract.
- cases
20/11/2015 15:51
