The appeals of three employers, BEAR Scotland (for whom Niran acted, led by Brian Napier QC), Amec Group (for whom John acted) and Hertel (UK) were heard together in a 3-day hearing before the President of the EAT. The Secretary of State for Business, Innovation and Skills intervened in the appeals.
The case concerns the calculation of holiday pay of workers in the road and construction sectors, in particular whether this should include sums to take account of overtime and other supplemental payments. The two key issues are:
- whether article 7 of the Working Time Directive requires such payments to be included in holiday pay
- if so, whether the Marleasing principle permits regulation 16 of the Working Time Regulations 1998 to be read as allowing such payments to be included in holiday pay.
The judgment will affect the holiday pay of thousands of employees, not just in the road and construction sectors but in any sector where overtime working is prevalent. For this reason, the appeal is being closely followed by lawyers, unions and large businesses.
John was instructed by Squire Patton Boggs and Niran by DLA Piper.