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Is voluntary overtime part of ‘normal pay’?

Dudley Metropolitan Borough Council v Willetts and others

Holiday pay calculations continue to cause difficulties for employers, with uncertainty still existing over the question of which elements of workers’ pay should and should not be taken into account.

In the case of Mr Willetts and some of his colleagues, an employment tribunal decided that overtime that was purely voluntary, as opposed to being a contractual right or duty, should be included in the holiday pay calculation because it formed part of ‘normal remuneration’. That was notwithstanding the employer’s argument that voluntary overtime lacked the necessary intrinsic link to the performance of the contractual tasks and so should be excluded.

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Niki Pattison

Litigation Executive

Niki joined Bermans in 1989 and specialises in debt recovery.

She has an extensive knowledge of debt recovery and legal procedures managing her own uncontested caseload from concept to completion.

She acts for all different types of clients from large factoring companies and banks right down to one man bands who might have one debt to collect.


e:niki.pattison@bermans.co.uk

t: 0151 224 0538


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Are You Ready For A Tribunal Fee-Free World?

July 2013 heralded the introduction of fees in the Employment Tribunals (ETs) and Employment Appeal Tribunal (EAT), with the Government proclaiming its aims were to discourage claimants from pursuing weak “nuisance” claims and to reduce the cost of the system to the tax. While at first glance these would seem to be perfectly reasonable objectives, there was in fact a steep drop in the level of claims by around 66-70%, with ACAS reporting that 1 in 10 potential claimants that contacted them decided against issuing a claim specifically because they could not afford the fees, which at up to £1,200 were not insubstantial.

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Take control of your lease

Many businesses will take on business premises for a fixed time period and then only consider important milestone dates once they arrive, sometimes using a reminder from their landlord as a trigger.

Bermans can help you take control of the process and put you in a better bargaining position with your landlord by considering all options.  We are offering a FREE lease review service and have created this simple step by step guide to help you.

 

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