Tag archives: working time regulations

Employment Appeal Tribunal rules on carry over of holiday pay.

The Employment Appeal Tribunal (EAT) has handed down its judgement looking at a workers right to claim holiday pay.

The claimant, Mr. Smith, worked for the respondent, Pimlico Plumbers between 2005 and 2011, and was considered throughout the six year period to be self-employed independent contractor. As such, he had no entitlement to paid annual leave, although he took periods of unpaid leave. In 2011, the claimant alleged that the respondent had fundamentally breached the contract and so terminated the contract, claiming for, amongst other things, holiday pay. The initial hearing considered the claimants status, and, having been held by … Continue Reading

Enforcement of the right to paid holiday under the UK Working Time Regulations ruled incompatible with the EU Directive

The Court of Justice of the European Union (ECJ) has ruled that the method of enforcement of the right to paid holiday in the UK Working Time Regulations (WTR) is incompatible with the EU Working Time Directive. This is because, if an employer refuses to pay a worker for a period of holiday, under the provisions of the WTR, the worker has to take the leave unpaid before he can bring a claim for payment. The ECJ considers that this denies workers an effective remedy for an employer’s failure to provide paid holiday. Furthermore where an employer refuses to pay … Continue Reading

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