EAT WORKING TIME REGULATIONS – Holiday pay
CONTRACT OF EMPLOYMENT – Sick pay and holiday pay
The employee was entitled under his contract to be paid for leave taken on the basis of his ‘average’ working hours. In context this was basic hours plus overtime hours.
The Employment Appeal Tribunal is bound by the judgment of the Court of Appeal in Bamsey v Alban [2004] EWCA Civ 359 which relied on Employment Rights Act 1996 to hold that the normal working hours basis for determining paid leave entitlement under the Working Time Regulations 1998 (‘WTR’) was contractual hours and not contractual hours plus overtime hours.
The appeal from dismissal of the claim for the difference in pay for leave taken between basic hours and basic and average overtime hours succeeded under the Claimant’s contract and not under the WTR. The Claimant worked and was paid for two days on which he was due to take leave. He was entitled to those two days leave under the WTR. On termination of his employment he was entitled under the WTR regulation 3(9)(b) to payment in lieu of those two days. List Design Group Limited v Douglas and others EAT/0966/00 considered.
Judges:
Slade J
Citations:
[2010] UKEAT 0014 – 10 – 1808
Links:
Employment
Updated: 26 August 2022; Ref: scu.425810
