Working time: Holiday pay cannot be claimed as unlawful deductions from wages
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Nascimento v British Bakeries Ltd [2005] All ER (D) 20 (Sep) CA (0 other reports)
In British Bakeries Ltd v Nascimento 3.8.05, EAT/0888/04/MAA, the EAT holds that the Court of Appeal decision in Commissioners of Inland Revenue v Ainsworth [2005] IRLR 465 has ruled out the possibility of enforcing entitlement to holiday pay under s.23 of the Employment Rights Act 1996 as unlawful deductions from wages. The present claim for holidays and holiday pay as a breach of contract and unlawful deductions from wages, should have been brought under the WTR.
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