Voluntary overtime pay should be taken into account when calculating statutory holiday pay for a worker's 4 week EU-derived holiday entitlement, notwithstanding that UK regulations exclude this.
An Employment Tribunal has ruled that the relevant UK provisions can be interpreted purposively to comply with EU law requiring the payment of "normal remuneration" reflecting both basic salary and remuneration "intrinsically linked to the performance of the tasks" carried out under the employment contract (see BA v Williams). An appeal has been lodged. (Neal v Freightliner Ltd, ET)
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Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
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