The applicants worked under an arrangement where they received considerable payments additional to their basic pay for compulsory overtime, but the holiday pay was calculated by the employer on the basic pay.
Held: The 1998 Regulations were intended to protect workers, but the directive did not require any payment over and above the contractual entitlement. The method of calculation of holiday pay had been left to the discretion of the member states, though some form of calculation was essential to any provision. The differences between regulations showed that it was not intended to grant a right beyond the contractual one.
Judges:
Lord Justice Auld Lord Justice May Lord Justice Jacob
Citations:
[2004] EWCA Civ 359, Times 15-Apr-2004, [2004] IRLR 457, [2004] ICR 1083
Links:
Statutes:
Employment Rights Act 1996 221 222 223 224, Working Time Regulations 1998 16
Jurisdiction:
England and Wales
Citing:
Appeal from – D Bamsey and others v Albon Engineering Ltd EAT 3-Mar-2003
EAT Working Time Regulations – holiday pay calculation . .
Cited by:
Cited – British Airways Plc v Williams and Others CA 3-Apr-2009
The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the . .
Cited – British Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 July 2022; Ref: scu.195002