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Freightliner holiday pay case settles but three other cases continue

31 July 2014 #Employment


Neil v Freightliner, a key case on holiday pay, has settled in the Employment Appeal Tribunal. In this case the tribunal decided that Mr Neal`s holiday pay should have been calculated by reference to his normal earnings, which included overtime and shift pay. The case has been appealed and was expected that it would decide whether overtime should be included in the calculation of holiday pay. However, this week, the Employment Appeal Tribunal has been hearing three other cases on the same issue:

•          Bear Scotland v Fulton and Baxter;

•          Hertel (UK) v Wood and others;

•          Amec Group v Law and others.

The decision that the EAT will take in these cases will have major consequences for many employers. It is likely that judgment will be reserved but we will update readers as soon as it is available. We anticipate that this is unlikely to be before September.


For more detailed guidance see our Holiday Pay Time Bomb article.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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