Question

To ask the Secretary of State for Business, Innovation and Skills, whether he plans to include both non-compulsory and non-guaranteed overtime in calculations of holiday pay; and if he will make a statement.

The Government wants to get the right balance between the needs of employers and employees. We want to see jobs created and protected, and for those jobs to provide employees with appropriate reward for their hard work.

The Government does not believe that overtime that is non-compulsory or non-guaranteed should be included in holiday pay. We argued accordingly when we intervened in the case of Fulton v Bear Scotland which was heard by the Employment Appeal Tribunal in late July. The Tribunal has not yet issued its ruling.