Conjoined appeals were considered on the issue of whether holiday pay arrangements met the requirements of the Working Time Regulations, where holiday pay was in some was rolled up with normal pay.
Held: Five categories were identified. Those were silent as to holiday pay; contracts excluding entitlement; contracts where holiday pay was included within standard rates but no rate was identified; contracts with a basic rate topped up with a specified amount; and contracts making holiday payments immediately before or after a holiday. The directive had as its objects not only the regulation of working time, but also the minimisation of administrative burdens. Contracts would be valid where the amount of holiday pay was clearly set out or calculable, but not where it was undifferentiated.
Judges:
The Honourable Mr Justice Burton (P)
Citations:
EAT/0198/03, EAT/0392/03, EAT/0589/02, EAT/0900/02, EAT/1447/01, Times 25-Aug-2003, [2004] ICR 1502
Links:
Statutes:
Working Time Regulations 1998 (1998 No 1833) 13(1) 16(1), Working Time Directive (Council Directive 93/104/EC)
Jurisdiction:
England and Wales
Cited by:
Cited – Airbus UK Ltd v MG Webb CA 7-Feb-2008
The court considered the dismissal by an employer of an employee for a disciplinary offence when he would not have been dismissed but for an earlier warning which had expired.
Held: The company’s appeal succeded. The court summarised the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 September 2022; Ref: scu.185276
