The issue brought up in the case of Bear Scotland Ltd v Fulton & another has been developing since the introduction of the right to paid annual leave in the Working Time Regulations 1998 (WTR), which sought to implement the European Union's Working Time Directive into UK law. Under the WTR, a week's pay for the purposes of calculating the amount of holiday pay is based on an employee's normal working hours - their basic pay, in other words, with non-guaranteed overtime hours being ignored.
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