Miller Samuel Hill Brown Solicitors Blog

Miller Samuel Hill Brown LLP and Syme Drummond would be delighted if you could join us at our next "Ask the Expert" employment law seminar, which is taking place at 29, Royal Exchange Square on Thursday 7th September 2017 (1230 start).

Hot on the heels of the UK Supreme Court decision that employment tribunal fees are unlawful (see our previous blog), it has been reported that the first Employment Tribunal decision in consequence of the Supreme Court’s ruling has now been issued and it is one which may create further consequences for employers.

In the latest decision on the question of which elements of wage need to be accounted for when calculating holiday pay, Dudley Metropolitan Borough Council v Willetts UKEAT/0334/16/JOJ, the Employment Appeal Tribunal (EAT) held that voluntary overtime payments should be included in holiday pay provided it can be classed as normal pay. This decision is significant since it is the first authoritative judgment issued by the tribunals or courts to examine the grey area of voluntary overtime and holiday pay.

The modern evolution of the “gig economy” through the growth of companies including Uber, Deliveroo and Pimlico Plumbers, is challenging the existing construction of employment law and its ability to adapt to and regulate this type of modern-day employment. If left unregulated, this working environment has the potential to give rise to increased job insecurity and contribute to the vulnerability of workers engaged without rights including sick pay and holiday pay.