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ARTICLE · 23 MARCH 2006

´Don´t panic´ over rolled up holiday pay

The European court has NOT made rolled up holiday pay illegal in its judgment last week in the Robinson-Steele case, contrary to claims made by the BBC and TUC and others.

United KingdomEmployment and HR
Simon Jeffreys
Simon Jeffreys

The European court has NOT made rolled up holiday pay illegal in its judgment last week in the Robinson-Steele case, contrary to claims made by the BBC and TUC and others.

In the third part of its judgment, the European Court specifically approved "sums paid, transparently and comprehensibly, in respect of minimum annual leave... in the form of part payments staggered over the corresponding annual period of work and paid... with the remuneration for work done, ...being set off against the payment for specific leave which is actually taken."

This is effectively the same as our own Court of Appeal's ruling in Caulfield v. Marshalls Clay Products in 2004.

So carry on, as you were, unless and until the Government decides to make any changes to the Working Time Regulations themselves.

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