Tribunal watch: Holiday pay should not include overtime


Stephen Simpson begins a weekly round-up of links to stories about employment tribunal rulings reported the previous week. In the week beginning 10 February 2014, we reported a tribunal decision (now being appealed) that a worker’s holiday pay should be calculated by reference only to basic pay, excluding overtime pay, discretionary bonuses and standby allowances.

Tribunal decides that holiday pay calculation should not include overtime In Elms v Balfour Beatty Utilities Solutions Ltd, an employment tribunal found that a worker’s holiday pay should be calculated by reference only to his or her basic pay, excluding overtime pay, discretionary bonuses and standby allowances, taking a more straightforward approach than the tribunal in the controversial decision in Neal v Freightliner Ltd.

Other tribunal decisions in the headlines

Claimant faces record £117,000 costs after tribunal An employment tribunal has ordered a claimant who unsuccessfully took a local authority to tribunal to pay record costs for an individual, highlights the Law Society Gazette.

Ex-colleagues were plagued by defamatory internet posts An “obsessive” computer expert has been warned she will go to jail unless she stops trolling her former colleagues in a five-year online hate campaign, says the Oxford Mail.

Sellafield ordered to compensate bipolar man Sellafield has been ordered to pay £22,431 compensation after refusing to employ a man with bipolar disorder, according to In-Cumbria.

Lesbian wins case over discrimination Unison is celebrating after helping a care assistant to win her claim of unfair dismissal and discrimination because of sexual orientation. Her manager, who supported her throughout, won claims of unfair dismissal and victimisation.

Firearms officer whose gun too big for her hands wins sex discrimination case A firearms officer has won a sex discrimination case against the police because her gun was too big for her small hands, reports the Cumbrian News and Star.

Former firefighter loses unfair dismissal claim A former firefighter who had claimed he was bullied at work has lost his claim for unfair dismissal, according to the South Wales Evening Post.

Perth care home ordered to pay £7,200 in compensation to ex-employee A care home in Perth unfairly dismissed a former employee and has been ordered to pay her more than £7,200 in compensation, reports the Scottish Courier.

Former City of Culture marketing chief loses unfair dismissal case Ex Derry City of Culture marketing chief Garbhan Downey, who took his former employers to an industrial tribunal accusing them of unfair dismissal, has lost his case, the Derry Journal has learnt.

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