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Holiday pay: Contractual holiday pay in excess of statutory entitlement satisfies WTR

This report relates to 1 case(s)

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    Walker v The Co-operative Insurance Society EAT/0754/01 (0 other reports)

In Walker v The Co-operative Insurance Society EAT/0754/01, the EAT holds that there is no breach of the Working Time Regulations 1998 ("the WTR") where an employer fails to use the formula specified thereunder to calculate holiday pay entitlement for an employee who works variable hours, but makes a contractual payment in excess of the employee's entitlement under the WTR. It was not necessary to set out the formula specified in the WTR in the employee's written particulars of employment, where a collective agreement incorporated into the employee's contract of employment adequately stated the contractual holiday and holiday pay entitlement.