Holiday Pay Latest

It’s now a few months since the ‘Bear Scotland’ holiday pay case. This bulletin discusses the latest developments.
The above case created a rule (it did not change legislation) that says 20 days of holiday pay per year should include non-guaranteed overtime payments. Importantly for employers, the Claimant was denied the opportunity to make a claim for past holiday pay, although leave to appeal was granted on this point.
Following this case there has been considerable analysis of what payments should be included in the calculation of holiday pay. The Bear case mainly considered overtime and the various contractual arrangements to work [overtime]. Overtime can be summarised as originating