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.
To view the ECJ judgment please click here
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 22/03/2006.
