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Holiday pay: Holiday pay calculation should be based on calendar day

This report relates to 1 case(s)

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    Thames Water Utilities v Reynolds [1996] IRLR 186 EAT (0 other reports)

In Thames Water Utilities v Reynolds [1996] IRLR 186, the EAT holds that the Apportionment Act 1870 applied to the computation of a day's annual holiday pay to which an employee was contractually entitled on termination of his employment, and that the meaning of "a day" for these purposes is a calendar day rather than a working day. The correct basis for calculating arrears of holiday pay in this case was therefore 1/365ths of the employee's annual salary, and not 1/260ths of his annual salary, representing the proportion of annual working days.