EAT Working Time Regulations: Holiday pay
Unlawful Deduction from Wages
Practice and Procedure: Postponement or stay
The Employment Tribunal declined to stay a holiday pay claim made under Part II of the ERA (because it would have been out of time if made under WTR) until the House of Lords decided CIR v Ainsworth. The reason was that they doubted whether the issue as to whether such a claim could be made by that route, as opposed to the sick pay/holiday pay issue, was before the House of Lords. Held, on the employer’s unopposed appeal, that the former issue was before the House of Lords (albeit not referred to the European Court of Justice), that if the ET had been aware that was so they would have been bound to have granted a stay, which was much more consistent with the overriding objective, and that the claim should be remitted to the ET for them to impose a stay.
Judges:
Burke QC J
Citations:
[2008] UKEAT 0184 – 08 – 1107
Links:
Employment
Updated: 19 July 2022; Ref: scu.276508