Unite will not be appealing the decision in Bear Scotland v Fulton
It has been reported in Workplace Savings and Benefits that Unite will not be appealing the decision in Bear Scotland v Fulton in which it was held that any claims for backdated holiday pay would be time-barred if there was more than a 3 month period between any period of holidays.
Whilst the employers can still appeal the decision that non-guaranteed overtime should not be included in the calculation of holiday pay, the EAT gave a clear indication that it did not think that such a challenge was likely to be successful.
In the meantime we have had enquiries from a number of clients who have been contacted by ACAS where employees have triggered the pre-claim conciliation process. However there are also a number of questions still to be answered such as whether voluntary overtime should be included or not, which may depend on how regularly it is worked.
Employers also have to consider how other payments such as commission will be included and paid.
If you want to find out more about this please contact Debbie Fellows at dfellows@thorntons-law.co.uk or a member of the Employment Law Team on 01382 229111.
