Click the case name for better results:

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

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

Evans v Malley Organisation Ltd (t/a First Business Support): CA 27 Nov 2002

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

Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 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

Voteforce Associates Ltd v K Quinn: EAT 30 Jul 2001

The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract … Continue reading Voteforce Associates Ltd v K Quinn: EAT 30 Jul 2001

Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006

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

Gridquest Ltd T/A Select Employment, Piper Group Plc, XR Associates Ltd v K A Blackburn etc: CA 23 Jul 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

Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001

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