Working Time Regulations – Holiday pay
The appellant claimed that rolled up holiday payments made by his employers could not be set off against his right to holiday pay conferred by the Working Time Regulations 1998. The Employment Tribunal held that this depended upon whether the payments were contractual and met the criteria of transparency and comprehensibility laid down by the ECJ in Robinson-Steele v R D Retail Services Limited [2006] ICR 932. The appeal turned on whether the contract satisfactorily identified the sums referable to the holiday period. The EAT held that they did and dismissed the appeal.
[2007] UKEAT 0301 – 07 – 2310, [2008] IRLR 198
Bailii
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.261545