Recruiters: Employment Appeal Tribunal Gives Ruling in Holiday Pay Cases

Non-guaranteed overtime must be taken into account for the purposes of calculating holiday pay BUT the scope for workers to bring claims for arrears of holiday pay is very limited, rules Employment Appeal Tribunal

The EAT has today issued its much-anticipated decision in Bear Scotland Ltd v Fulton & anor and the other consolidated holiday appeals.

Recruiters will recall that these appeals concern the calculation of holiday pay under the Working Time Directive, in particular whether it should include an amount in respect of “non-guaranteed” overtime (where an employer is not contractually obliged to offer it but a worker is contractually obliged to perform it if requested).