Following the Bear Scotland v Fulton case, if an employee can refuse overtime, does this need to be included in holiday pay?Posted in : First Tuesday Q&A NI on 6 January 2015
The decision of the EAT in Bear Scotland received much media coverage, but attention should be drawn to the three separate definitions of overtime clarified by the EAT:
(1) ‘Non-guaranteed overtime’: where there is no obligation on the employer to provide the overtime but where the employee is obliged to work, if offered overtime;
(2) ‘Voluntary overtime’: additional work which the employer asks an employee to do but which the employee is free to refuse; and
(3) ‘Compulsory overtime’: where the employer is contractually obliged to provide the overtime hours and the worker is contractually
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Back to Q&A's This article is correct at 02/09/2015
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