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 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

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