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
Emma-Jane Flannery
Arthur Cox

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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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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