Following Richard Branson’s recent announcement that he was giving his head office staff “unlimited” holiday, we thought it was high time to take stock of the current legal position on holiday pay.
This is an aide memoire and brief summary of where we left off a few months ago as we revisit the snail-paced progression of the various holiday cases through the courts. At the end of July this year the Employment Appeal Tribunal (EAT) pondered the numerous and complicated arguments submitted from a range of parties in the joint appeals of Fulton v Bear Scotland Limited and Wood and Others v Hertel & AMEC. Counsel were recalled to deliver submissions in early September 2014 and a decision is expected sometime in the autumn. The central question in these cases is whether overtime should be included in the calculation of holiday pay, but a similar question relating to allowances is also under consideration.