When calculating the entitlement to holiday pay the apportionment had to be made on the number of working days in a year, not on the number of days in a year. The regulations required this interpretation rather than that under the Act. A consequence of using the full year might well be to apply an effective rate lower than the minimum wage rate.
Judges:
Judge Wilkie, QC, Ms J. Drake and Mr R. N. Straker
Citations:
Times 02-May-2002, [2002] UKEAT 940 – 01 – 1403
Links:
Statutes:
Working Time Regulations 1998 (1998 No 1833), Apportionment Act 1870 2
Jurisdiction:
England and Wales
Citing:
Overruled – Thames Water Utilities v Reynolds EAT 22-Nov-1995
HH Judge Clark: said this by reference to the expression ‘from day to day’ in section 2: ‘Accordingly the real question is what is meant by the expression ‘from day to day’ in section 2 of the Act. In our view it can only be calendar days and not . .
Cited by:
Cited – Hartley and Others v King Edward VI College SC 24-May-2017
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual . .
Approved – Yarrow v Edwards Chartered Accountants EAT 8-Jun-2007
EAT WORKING TIME REGULATIONS
Holiday Pay
Appeal allowed against Chairman’s order dismissing complaint without considering all information supplied by parties (ET Rule 27(6)). Application of working . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 August 2022; Ref: scu.170212
