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Chief Constable of Strathclyde Police v Lavery

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    Chief Constable of Strathclyde Police v Lavery EAT/0098/04 (0 other reports)

statutory holiday pay | normal working hours | long-term sick leave

In Chief Constable of Strathclyde Police v Lavery EAT/0098/04, the Employment Appeal Tribunal (EAT) has held that an employee on long-term sick leave who had been on half pay in the 12-week period before taking a period of holiday was entitled to full pay and not half pay for a week's holiday.

The EAT said that where the Working Time Regulations 1998 apply it seems clear that the amount of a week's pay is to be assessed on the basis of the assumption that the employee has worked for the normal working hours of a week at the time that the calculation is made.