Working Time Regulations
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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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Russell & Ors v Transocean International Resources Ltd & Ors [2010] CSIH 82
Appeal against decision by the EAT that workers employed on an oil rig could not take their annual leave during the period for which they were working offshore. Appeal dismissed.
- cases
21/10/2010 16:50
