The Court of Appeal recently confirmed that the EU Working Time Directive requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. This ruling is in line with other recent cases which have covered what should be considered when calculating holiday pay. It provides clear authority that employers should include sufficiently regular and settled voluntary overtime in their holiday pay calculations.
An employment tribunal recently found that an exploited migrant worker was the victim of unlawful discrimination because of her caste. It found that caste is immutable and hereditary, and fits readily into the category of descent, so it may be considered an aspect of race. However, if a prospective claimant's caste is not so closely connected to descent, it may prove harder to bring a claim of race discrimination.
The government's Fit for Work service has finally been rolled out nationwide. Fit for Work, which has been generally welcomed by general practitioners, offers advice and guidance to employers and employees about work-related health matters. While free occupational health advice is valuable to all employers, its success will depend on the standard of the service delivered.
In the eagerly anticipated decision of Lock v British Gas Trading Ltd a tribunal has held that the Working Time Regulations 1998 should be interpreted so as to include commission payments in holiday pay calculations in respect of the four weeks' annual leave entitlement under the EU Working Time Directive. This is the latest decision in a line of cases which have considered how holiday pay should be calculated.