The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year.
Held: Such a system was not in accordance with the Working Time Directive. The directive required that there should be a specific payment for a particular period during which a worker took leave. It is necessary for the health and safety of workers that they should have a minimum entitlement to leave and that they should be paid so that they are in a position to take it.
Judges:
P. Jann, P
Citations:
Times 22-Mar-2006, [2006] ICR 932, [2005] EUECJ C-131/04, C-257/04, [2005] EUECJ C-257/04, C-131/04
Links:
Statutes:
EC Treaty 234, Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, Working Time Regulations 1998 (1998 No 1833)
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 . .
See Also – Revenue and Customs v Stringer, Ainsworth and Others HL 10-Jun-2009
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 05 July 2022; Ref: scu.239175