(March 2017) The Supreme Court has ruled that energy company British Gas can no longer appeal against a European Court ruling that holiday pay should take account of earnings based on commission. The case has been supported by public services union Unison and is based on the Working Time Directive. The union challenged British Gas because it restricted holiday pay only to basic pay which penalised workers who received a lot of commission pay. Unison is concerned about the impact of Brexit on this important legislation.
Supreme Court confirms holiday pay ruling
More like this
A recent court ruling in the Hague has confirmed a European Court of Justice judgement that health workers' holiday pay should include some compensation for payment for any irregular shift work. The ruling is good news for all nurses and carers who work irregular shifts but who have only received basic pay during their annual leave. They can now claim any for any underpayments going back five years. Read more at > NU'91 (NL)
The GPA-DJP services union has won an important court ruling clarifying that overtime should be included in the calculation of holiday and Christmas pay. The case was taken by the union in collaboration with the works council at the Caritas Socialis social care organisation. The outcome benefits not just the 850 employees at Caritas Socialis but around 120000 employees who are covered by the social care sector agreement. [Read more at > GPA-DJP (DE)->http://www.gpa-djp.at/cms/A03/A03_3.8.a/1342549957235/ueber-uns/presseservice/sozialwirtschaft-hoeheres-urlaubs-und-weihnachtsgeld-bei
In a significant new judgement (Matzak, C-519/15), the European Court of Justice (ECJ) has ruled that standby time away from the workplace may be counted as working time. In previous rulings the ECJ has said that on-call time at work should be counted as working time but normally if a worker is on standby away from the workplace this would not count as working time as they are not at the disposal of the employer. In the Matzak case involving a Belgian firefighter the Court found that the requirement to be at the workplace within eight minutes imposed a restriction on how the worker spent his