The ruling could benefit tens of thousands of NHS staff employed under the Agenda for Change payment system and is in line with earlier legal cases, which established that workers should receive the same wages on leave as they do when working. Only doctors, dentists and senior managers will be exempt from the change.
UNISON general secretary Dave Prentis said:
“Before today’s judgment NHS workers who did regular overtime or often worked well beyond their shifts saw a drop in their pay whenever they took a well-deserved break.
Leave calculations that weren’t based on the extra shifts and hours they did week in and week out meant many were considerably out of pocket.
UNISON always believed that the rules around NHS pay already allowed for overtime and working beyond the end of a shift to be taken into account when calculating holiday pay. Today’s judgment confirms that but does highlight another pressing problem.
The NHS urgently needs to recruit more staff so existing nurses, paramedics and other health workers don’t have to regularly work overtime simply to keep the service afloat.
This is a victory for all those health service workers who regularly go the extra mile to make sure we receive the best care possible at all times of the day and night.”
CIPP Payroll training courses
The CIPP offer a half-day training course on Holiday Pay and Leave which runs on a monthly basis (next one scheduled for 10 July in Birmingham).
The course aims to provide delegates with the underpinning knowledge, case law and statutes which govern holiday pay and leave calculations and apply this knowledge in a range of circumstances, so they can manage this provision for their organisations accurately and professionally.
Browse a complete list of all our payroll industry training courses or visit the payroll training calendar to view by date.
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CJEU: Employers must record Working Time 17 May 2019
The Court of Justice of the European Union (CJEU) has held that an employer must keep records of hours worked to fulfil its obligations under the Working Time Directive.
With thanks to Daniel Barnett's Employment Law Bulletin for its coverage of the case Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE.
The CCOO is a trade union in Spain. It brought a group action before the National High Court in Spain against Deutsche Bank. The CCOO sought a declaration that the bank was under an obligation to record the actual daily working time of its employees. Hours worked on a particular day were not recorded.
AG Pitruzzella gave an opinion earlier this year suggesting that the Working Time Directive required employers to keep records of actual time worked. The CJEU has now agreed with the Advocate General.
The court decided that if there was no requirement to keep records, it would be impossible to determine "objectively and reliably either the number of hours worked by the worker [or] when that work was done"•. The court went on to hold that:
The Chartered Institute of Payroll Professionals
Payroll: need to know
cipp.org.uk
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