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Holiday Pay Timebomb

In September 2014, Andrew Sugarman gave a talk at our Employment Seminar Day at St James' Park in Newcastle predicting that the EAT was about to set off a holiday pay time-bomb that would see large groups of employees launching claims for eye-watering amounts of back-holiday-pay. Bear Scotland v Fulton proved to be not so much a bomb as a firecracker.

Summaries of the case have been plentiful but in this detailed updated paper following on from the talk, Andrew and Paul Sangha look at the topic in more detail, examining the background and issues which led to the now well known EAT judgment, as well as the judgment itself, and provide some thoughts for the future. One little reported positive effect is that the chance of receiving a cold call asking whether you've had a holiday in the last 3 months are probably reduced.

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