The applicant was a 15 year old paper boy. He sought holiday pay under the regulations. The employer resisted, saying he was not a worker under the regulation, being still in compulsory full time education. Held: No formal system of holidays operated. Children were not explicitly excluded from the Working Time Directive, but were rather … Continue reading Addison and Another (t/a Brayton News) v Ashby: EAT 17 Jan 2003
Conjoined appeals were considered on the issue of whether holiday pay arrangements met the requirements of the Working Time Regulations, where holiday pay was in some was rolled up with normal pay. Held: Five categories were identified. Those were silent as to holiday pay; contracts excluding entitlement; contracts where holiday pay was included within standard … Continue reading Marshalls Clay Products Ltd Pearce Clarke, Sutton, Hoy v Caulfield and others, Huw Howatson Ltd Frank Studdon Ltd, Potting Constuction Ltd, Hanlin Construction: EAT 25 Jun 2003
When calculating the entitlement to holiday pay the apportionment had to be made on the number of working days in a year, not on the number of days in a year. The regulations required this interpretation rather than that under the Act. A consequence of using the full year might well be to apply an … Continue reading Leisure Leagues UK Ltd v Maconnachie: EAT 14 Mar 2002
The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year. Held: Such a system was not in accordance with the Working Time Directive. The directive required that there should be a specific payment for a particular period during which a worker took … Continue reading Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006
The claimant was employed, receiving a basic pay together with commission on sales. After termination of his employment he complained that he should have been paid holiday pay based upon the average total pay rather than the basic pay. Held: The right to holiday pay arose under the Regulations, but the pay was calculated under … Continue reading Evans v Malley Organisation Ltd (t/a First Business Support): CA 27 Nov 2002
The employer and employees disagreed about whether an element of holiday pay had been included in the rate of pay. Held: There had to be an explicit agreement between the parties before this could happen. It was not for one side unilaterally to impose its own understanding of the contract. The regulations referred to ‘contractual’ … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc: CA 23 Jul 2002
The provisions of the Directive, which excluded from regulation the employment of transport workers, applied to office workers as well as to actual drivers. The phrases used by the Directive in disapplying the Directive to certain employment sectors, made a distinction between those employed in certain industries, and, in other cases, those with certain jobs. … Continue reading Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001
The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive … Continue reading Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001
The working time provisions now impose contractual obligations on employers. An employee, working hours over the limit, was entitled to cease work until such time as he was brought back within the maximum working hours. There could be no obligation to opt out. Citations: Times 08-Mar-1999, Gazette 06-May-1999 Statutes: Working Time Regulations 1998 (1998 No … Continue reading Barber and Others v RJB Mining Uk Ltd: QBD 8 Mar 1999
The respondents appealed a finding that they were not due to make additional holiday pay under the regulations. The employer asserted that the hourly rate of pay included a rolled up element of holiday and sick pay. The employee asserted that the contract documentation made no mention of such an arrangement. The employers claimed that … Continue reading Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v Blackburn etc: EAT 1 Nov 2000
