Following the decision of the Supreme Court on the unlawfulness of employment tribunal fees as they stood before that decision was made (as reported in our earlier article of 26 July 2017) and the subsequent decision to revoke employment tribunal fees going forward (at least until they may be reviewed), the President of the Employment Tribunal imposed a stay on employment tribunal claims seeking to rely on the Supreme Court’s decision. This effectively paused these claims before they could proceed any further.
Given the uncertainty of the impact of the Supreme Court’s decision and how the Ministry of Justice and Her Majesty’s Courts and Tribunals Service (HMCTS) may give effect to a surely massive sequence of refunds of tribunal fees taken since their implementation in 2013 (let alone organise a potential hearing or re-hearing of claims that had otherwise been rejected or withdrawn owing to the presence of tribunal fees), the Case Management Order of 9 August 2017 imposing the stay on proceedings was drafted in a very broad manner.
Following the high-profile decisions concerning when commission and bonuses may still be payable whilst a worker is on holiday, the Employment Appeal Tribunal has supported a decision that voluntary overtime may also be payable as part of holiday pay whilst a worker is on annual leave.
This was decided in the case of Dudley Metropolitan Borough Council v Willetts and Others by the President of the Employment Appeal Tribunal, Mrs Justice Simler.