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Annual leave and holiday pay

New and updated

  • Date:
    1 May 2005
    Type:
    Employment law cases

    Case round up

    Karen Smith and Sophy Robinson of Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

  • Type:
    Letters and forms

    Letter to employee who has failed to return from holiday

    A model letter to be used in the event of an employee failing to return from holiday.

  • Date:
    11 March 2005
    Type:
    Employment law cases

    Holiday pay: Holiday pay must be 'true addition' to contractual rate of pay

    In Smith v AJ Morrisroes & Sons Ltd and other appeals, the EAT holds that the guidelines set out by the EAT in Marshalls Clay require that "there must be mutual agreement for genuine payment for holidays, representing a true addition to the contractual rate of pay for time worked."

  • Type:
    FAQs

    Are employers required to provide pay or time off in lieu of bank holidays that coincide with maternity leave?

  • Date:
    23 July 2004
    Type:
    Employment law cases

    Pregnancy discrimination: Annual and maternity leave mutually exclusive

    In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.

  • Date:
    1 June 2004
    Type:
    Employment law cases

    Bamsey and others v Albon Engineering & Manufacturing plc

    In Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA, the Court of Appeal held that where overtime hours have been worked during the 12-week period immediately preceding the date on which a worker's holiday begins only those hours that the employer is contractually required to provide and the worker contractually required to work count as normal working hours for the purposes of determining the amount of a week's pay.

  • Type:
    FAQs

    What are bank holidays?

  • Date:
    9 May 2003
    Type:
    Employment law cases

    Holiday pay: Holiday pay calculation based on basic pay without commission

    In Evans v Malley Organisation Ltd t/a First Business Support the Court of Appeal holds that an employee who was paid a basic salary, plus commission which depended on contracts he won for his employer, was entitled, on termination of his employment, to accrued statutory holiday pay calculated by reference to his basic pay alone, and not his average pay including commission.

  • Date:
    4 April 2003
    Type:
    Employment law cases

    Holiday pay: Employer could not recover "excess" holiday pay

    In Hill v Chapell, the EAT holds that there was no "overpayment" of holiday pay or of wages in circumstances where an employee was entitled, under the Working Time Regulations 1998, to 20 days' paid holiday per annum, and had taken 15 days' paid holiday by agreement with her employer during her six months of employment.

  • Date:
    4 April 2003
    Type:
    Employment law cases

    Working time: I5-year-old "paper boy" was not entitled to paid holiday under WTR

    In Addison & Addison (t/a Brayton News) v Ashby, the EAT holds that a 15-year-old "paper boy" is not a "worker" for the purposes of the Working Time Regulations 1998, and so is not entitled to four weeks' paid annual leave under the Regulations.

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