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Over 70 representatives of local employers attended a Holiday Pay Update Seminar at Wolverhampton’s Molineux Stadium organised by law firm George Green LLP in conjunction with Black Country Chamber of Commerce.
The seminar dealt with the recent Employment Appeal Tribunal case of Bear Scotland Limited v Fulton which resulted in a ruling that employers should include non–guaranteed overtime payments in their holiday pay calculations. The guest speaker was Niran de Silva, a Barrister from Littleton Chambers, who acted for Bear Scotland Limited in the case.
Tim Lang, Head of Employment at George Green LLP said as follows:
“It is clear from the number of attendees and the fantastic amount of interest we had in this event that the EAT holiday pay case is the employment law story of the year and is really concerning for employers. There were a number of points of great interest in the ruling which were not picked up by the media in their reports at the time.
We were delighted that Niran de Silva agreed to come up to Wolverhampton to explain some of these points to local employers. Many of the delegates commented afterwards that the seminar really helped them understand the decision and in particular the position regarding voluntary overtime and the potential backdating of claims. Many of the attendees were facing claims put forward by unions and the seminar will be of great assistance to them in dealing with these claims.
The ruling is not being appealed and employers need to decide now what action to take in response to it. We would urge employers who are concerned about their liability to seek legal advice as soon as possible ”.
George Green LLP are offering free holiday pay risk assessments for employers.
To get in touch please call Tim Lang on 01384 340530 or email tlang@georgegreen.co.uk.