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Bear Scotland Ltd and others v Fulton and others [2014] UKEAT/0047/13

Holiday pay includes overtime that has not been guaranteed

In an eagerly awaited and much heralded decision, the EAT has held in Bear Scotland Ltd and others v Fulton and others that Article 7 of the Working Time Directive can be interpreted so that payments for overtime, which the employees in two appeals before it were required to work (although their employer was not obliged to offer), is part of normal remuneration and therefore to be included as such in the calculation of pay for holiday leave taken under regulation 13 of the Working Time Regulations 1998.  

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