HR

Holiday Pay and Overtime in the Care and Medical Industries

I am sure you will have heard talk of the recent holiday pay and overtime ruling, but what does it actually mean to you and your business?

The main case that has been quoted in the media is Bear Scotland Ltd v Fulton. This case showed that regular overtime, that employees were obliged to do, needed to be included in the payment of holiday pay.
How does this apply to your business? The follow questions need to be answered:

  • Is overtime “sufficiently regular” and are employees obliged to it?
  • Do you pay additional contractual holiday or just statutory? The two are treated differently in relation to overtime payments.
  • What risks do you expose yourselves to by not doing anything following the recent case law?
  • In practice how are your holiday pay and overtime procedures run?
  • How far back would you need to go if an employee was to claim backpay?
  • Would you be able to rely on the 3 month gap ruling for backpay?
  • Do you also need to consider other variable pay elements in your holiday pay calculations?
  • Do you treat different groups of staff differently in relation to overtime and holiday pay?

The conflict between European case law and the wording on the Working Time Regulations may have left you in a quandary. Park City have a team of specialists who would be able to help you answer some of these questions and give you a better understanding of how the recent case law may mean your business could be exposed to certain risks.

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Saul HunnaballSaul Hunnaball
15:44 12 Aug 22
We have worked with Park City for our HR and Health and Safety support for many years now and have always received an excellent service.Carley is our Consultant and she is always so helpful, as are... her colleagues when she is unavailable.I would highly recommend Park City.read more
Lea CuttingLea Cutting
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Park City have worked with us for many years, advising and guiding us regarding HR and Health & Safety, along with supplying valuable training.We work with many people in several areas of expertise,... Sara Godfrey, Jennie Galione, Ashley Williams, Sam Parcell, Stephanie Devans, Poppy Hayhoe.They build confidence within our company and are always available with support and advice.They provide a consistent, professional, hands-on service, second to none!Thank you from DH Industries Limited.read more
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The DS Group have been working with Park City now for a number of years and we have found their HR services to be invaluable. The service received is always to the highest professional standards and... they have assisted our business in becoming more efficient and effective in all HR matters.My consultant Sam Parcell is always on hand to help answering any questions quickly and professionally and she offers vital guidance, advice and support to us.We as a company will continue to use Park City’s services for many years to come and we cannot recommend them enough!Tracy Norton-Mead, Operations Director at the DS Group.read more
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