holiday pay
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British Airways PLC v Williams & Ors [2012] UKSC 43
Appeal against decision that the claimants were due holiday pay based on both their annual salary and supplementary payments accrued during flying time. The matter had been remitted to the CJEU by the Supreme Court, who had ruled that parts of the pay ‘intended exclusively to cover occasional or ancillary costs arising at the time of performance’ need not be taken into account. This judgment follows that decision and the claims were remitted to the ET for reconsideration of the payments awarded.
- cases
17/10/2012 17:26
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NHS Leeds v Larner [2012] EWCA Civ 1034
Appeal by respondent against decision that the claimant was due holiday pay where she had been on long-term sick leave for over a year and was then dismissed. Appeal dismissed.
- cases
27/07/2012 09:06
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ANGED v FASGA & Ors Case C-78/11
Judgment arising from a reference for a preliminary ruling concerning sick leave when the illness coincides with holiday leave. The Chamber ruled that the Directive must be interpreted as precluding any national provisions that mean that the worker is not entitled to that paid holiday leave where that coincides with a period of unfitness to work.
- cases
25/06/2012 08:57
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Dominguez v Centre informatique du Centre Ouest Atlantique C-282/10
Grand Chamber judgment following reference from the Cour de Cassation concerning whether a precondition of entitlement to paid annual leave was compatible with EU law.
- cases
27/01/2012 15:45
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Crossland v Corps of Commissionaires Management Ltd UKEAT/0014/10/LA
Appeal against the Employment Tribunal’s decision that, on termination of employment, the claimant was entitled to accrued holiday pay based on normal hours as opposed to actual hours worked. Further appeal against a ruling that the claimant was not entitled to holiday pay for days which were booked as holiday but which he actually worked. Appeal succeeded: although the WTR state that holiday pay is based upon contractual hours, and not contractual hours plus overtime, the claimant’s contract stated that payment would be based upon average hours worked. Also, the WTR expressly prohibits payment in lieu of holiday, apart from in certain situations, so the claimant was entitled to be paid on the days which were booked as holiday but that he actually worked.
- cases
07/11/2010 15:15
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Sheraz Khan v MKK Logistics UKEAT/0080/10/ZT
Appeal against amount of holiday pay awarded to claimant who had been found to have been unfairly dismissed. The holiday pay entitlement was calculated with reference to the current holiday year, although the claimant sought payment stretching back further. This was contrary to the decision in Stringer & Ors v HMRC [2009] UKHL 31, which the Judge did not know about at the time. Appeal succeeded and matter remitted back to the Tribunal.
- cases
10/06/2010 17:49
