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This raises the question of whether or not voluntary overtime (which can be refused) would be excluded from holiday pay.This seems unlikely, though it may be more often the case that voluntary overtime will be worked less frequently and so will not be “sufficiently regular”.Few employers will have missed the publicity surrounding November’s ruling by the Employment Appeal Tribunal (EAT) on holiday pay and overtime (Bear Scotland Ltd v Fulton and other cases).It was the latest instalment in a line of cases that have looked at what must be included in holiday pay under the UK’s Working Time Regulations (WTR).The unanswered question is whether or not this extends to other forms of variable pay such as bonuses.This is likely to depend on how closely linked the bonus is to the hours worked by the employee, but there is bound to be further case law in this area.

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It had previously been suggested that claims for underpaid holiday could go back several years (perhaps even to 1998, when the WTR were introduced).What is “sufficiently regular” is not clear, but there must be a difference between the employee who works beyond their core hours every week and the one who works the odd extra hour here and there over the course of a year.The decision also looked only at compulsory overtime, ie overtime which an employee cannot refuse.The ruling has, however, left a number of unanswered questions, which make it difficult for employers to assess whether or not they are affected and what action to take now.The decision applies to overtime worked sufficiently regularly, such that it is part of an employee’s normal pay.

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There are a few reasons this could happen, none of them are good. If you're one of those people who are oblivious to this kind of question, please skip to #13. It's not an easy thing to face up to, but you can at least spot the telltale signs. If you're ok at your job but are just not popular, that will be seen as affecting morale. Either shape up your attitude, or find a new job that maybe doesn't require you to work with people on a day-to-day basis. Have you recently been asked to take some time off? Companies in America are not prone to encouraging vacation time (compared to Europe, where we get oodles of time off).

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