Employment News
Employment Law & Guidance
Acas guidance on calculating holiday pay 5 May 2017
In advance of more in-depth guidance, Acas has made some minor changes to their holiday pay guidance web pages.
“Calculating holiday pay
In addition to current legislation, a number of recent court judgments should be considered when calculating holiday pay.
This means that the rules employers and workers follow to calculate holiday pay may need to be updated.
Key points:
Guaranteed and normal non-guaranteed overtime should be considered when calculating a worker's statutory holiday pay entitlement but there is currently no definitive case law that suggests voluntary overtime needs to be taken into account. Commission should be factored into statutory holiday pay calculations. Work-related travel may need to be factored into statutory holiday pay calculations. A worker's entitlement to holiday pay will continue to accrue during sick leave . There are different rules for calculating holiday pay depending on the working patterns involved. Workers must take their statutory paid annual leave allowance and can only be ' paid in lieu ' for this when their employment ends.”
See Calculating holiday pay from Acas for further details on these key points.
CIPP comment Earlier this year the CIPP held Think Tanks allowing CIPP members to meet with representatives from the Department for Business, Energy and Industrial Strategy (BEIS) and the Advisory, Conciliation and Arbitration Service (Acas) to discuss the guidance needed to help employers correctly calculate holiday pay. We expect further, more in-depth guidance to come out later this year; we will publish details through our news pages as soon as this becomes available.
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New Acas guidance on gig economy working and employment status rights 14 July 2017
Acas has launched new and updated guidance to help employers and their staff understand the many different types of employment arrangements that exist in the modern workplace and their legal entitlements.
The revised guidance is released against the backdrop of Matthew Taylor's review on modern workplaces and reflects changes to the way in which people work, are expected to work in the future, and follows recent legal cases about employment status.
Acas Head of Guidance, Stewart Gee, said:
"We have seen changes in the way many people are working over recent years, with a heightened focus on gig economy working.
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