The Employment Appeal tribunal has decided an importance case on holiday pay...
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Important Case: Holiday Pay

The Employment Appeal Tribunal has, this morning, handed down judgment in Bear Scotland v Fulton (and conjoined cases).

Key points:-

1.  workers are entitled to be paid a sum of money to reflect normal non-guaranteed overtime as part of their annual leave payments

2.  that applies only to the basic 4 weeks' leave granted under the Working Time Directive, not the additional 1.6 weeks under regulation 13A of the Working Time Regulations

3.  claims for arrears of holiday pay will be out of time if there has been a break of more than three months between successive underpayments (subject to the reasonable practicability test)

4.  travel time payments, which exceed expenses incurred and so amount to additional taxable remuneration, should also be reflected when calculating holiday pay.

The Employment Appeal Tribunal refused to grant a reference to the Court of Justice of the European Union, but gave permission to appeal to the Court of Appeal (stating that ground 3 was the most significant point for the Court of Appeal to consider).

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Daniel Barnett is a barrister with 20 years’ experience litigating and advising in employment, HR and associated litigation. He is primarily a litigator, described in legal directories as “tenacious”, “inexhaustible” and “an excellent advocate” (see testimonials). He has been instructed by a Royal Family, international airlines, various FTSE-250 companies, local authorities, NHS Trusts, as well as a myriad of SMEs. Employee clients range from senior executives of quoted companies through to David & Victoria Beckham’s nanny. His specific areas of interest are post-termination restrictive covenants, age discrimination and retirement issues, industrial law (strikes), employment agencies and permanent health insurance disputes. He practises from Outer Temple Chambers, a highly regarded set of Chambers in London.
Outer Temple Chambers’ employment and discrimination team is an important player in the field. We have acknowledged expertise representing both employer and employee, covering all aspects of collective and individual employment law, including High Court breach of contract and injunction proceedings, and all aspects of individual and collective employment rights.

We appear regularly in the civil courts and tribunals, before the Central Arbitration Committee, all appellate courts, and in mediations. Members of our team also accept instructions to act as external decision-makers, and to advise public and private sector employers and service-providers.

Major test-cases in which members of the team appeared in 2010 include British Airways v Williams [2010] UKSC 16, which will determine the holiday pay of thousands of individuals across the aviation industry; Sagoo & ors v Birmingham City Council, believed to be the largest of the vast multi-claimant local authority equal pay cases; and USA v Nolan [2010] EWCA Civ 1223, which will affect the consultation rights of workers across Europe in relation to redundancy.

Members of Chambers who advise and represent in employment law disputes, listed in order of call (experience), are:-
 
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  • Andrew Short QC
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  • Mark Mullins
  • Natasha Joffe
  • Daniel Barnett
  • Naomi Cunningham
  • Andrew Allen
  • Benjimin Burgher
  • Lydia Seymour
  • David Grant
  • James Arnold
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  • Eleanor Davison
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  • Ben Bradley
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  • Saaman Pourghadiri

Please see
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For further information, or to enquire about his
availability, please contact Daniel Barnett's clerks on 020 7353 6381 or visit www.danielbarnett.co.uk
Daniel Barnett
Outer Temple Chambers
The Outer Temple
222 The Strand
London, WC2R 1BA
Tel: 020 7353 6381
Fax: 020 7583 1786
Document Exchange: LDE 351 (Chancery Lane)
daniel.barnett@outertemple.com
www.outertemple.com