Author: Kiril Moskovchuk
Published: May 28, 2016
Reading time: 1 minute
This article is 9 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
In a recent decision in White v Dudley MBC case a group of workers regularly and voluntarily worked overtime and were on an on-call rota every 4-5 weeks.
The tribunal decided that the extra voluntary overtime payments should be treated as part of the worker’s normal pay. This pay therefore should be included in the 4 weeks of the workers’ annual holiday entitlement. As the case was decided based on the EU Working Time Directive, the minimum holiday entitlement under the Directive is 4 weeks, as opposed to 5.6 weeks under the English domestic law.
Holiday pay is the area of law which has seen some significant recent developments. Although the decision in White v Dudley BMC is not binding on other tribunals, it serves as a good indication of the line of thought other tribunals may adopt in deciding similar cases.
