In the case of Trustees of Swansea University Pension Scheme v Williams, Mr Williams had retired because of ill-health at the age of 38 because of his disabilities. The rules of the University’s pension scheme entitled him to his pension, without actuarial reduction, based on his final salary. In the year leading up to his retirement, his annual salary had been reduced due to reasonable adjustments to his working hours having been made. In fact he was working half of his previous hours by the time he retired. This meant the pension he received was half what it would have been had he taken ill-health retirement when still working full-time.
The recent Employment Appeal Tribunal (“EAT”) decision in the case of Plumb v Duncan Print Group is an another holiday pay decision, but not this time in relation to the issue of overtime, commission and the calculation of holiday pay.
We have previously reported on the topical issue of how holiday pay should be calculated, and whether a “week’s pay” for a week’s holiday needs to include commission, overtime, and other allowances habitually paid to employees.
The definition of “working time” is crucial to the operation of the Working Time Regulations, and the various limits on weekly working time, daily working time, night work, rest breaks etc. A key issue is whether travel time counts as working time.
In Jinks v London Borough of Havering the Employment Appeal Tribunal had to consider the interpretation of the word “client” in a service provision change case in terms of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
