Time-over on holiday underpayments

In the much anticipated ruling in Bear Scotland Ltd v Fulton, the EAT has decided that non-guaranteed overtime is to be taken into account when determining a worker’s holiday pay. This decision is likely to have significant consequences for employers and up to 5 million workers could be entitled to compensation. However, the EAT has limited the financial impact of the decision by giving a controversial new interpretation of ‘series’ of deductions’.

Click here to read the full article in which Bayo Randle studies the decision in-depth and highlights some of its wider implications.

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