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John Bowers QC and Niran de Silva await Judgment in Important Holiday Pay Appeal

John Bowers QC and Niran de Silva appeared for different appellants
in an important Employment Appeal Tribunal case on the calculation of holiday
pay.

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.

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