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Employment – Remuneration. The Employment Appeal Tribunal (EAT), amongst other things, dismissed the appeal by Bear Scotland Ltd, Hertel (UK) Ltd (Hertel) and Amec Group Ltd (Amec) against a decision of the employment tribunal that payments for non-guaranteed overtime were part of normal remuneration and were to be included as such in the calculation of holiday leave taken under reg 13 of the Working Time Regulations 1998, SI 1998/1833; and (ii) allowed the appeal by Hertel and Amec against the tribunal's findings that the employees could claim the consequent arrears of pay as being unlawful deductions from their pay under the Employment Rights Act 1996 insofar as in any case a period of more than three months had elapsed between such deduction.
Employment – Remuneration. The Employment Appeal Tribunal (EAT), amongst other things, dismissed the appeal by Bear Scotland Ltd, Hertel (UK) Ltd (Hertel) and Amec Group Ltd (Amec) against a decision of the employment tribunal that payments for non-guaranteed overtime were part of normal remuneration and were to be included as such in the calculation of holiday leave taken under reg 13 of the Working Time Regulations 1998, SI 1998/1833; and (ii) allowed the appeal by Hertel and Amec against the tribunal's findings that the employees could claim the consequent arrears of pay as being unlawful deductions from their pay under the Employment Rights Act 1996 insofar as in any case a period of more than three months had elapsed between such deduction.
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