Chapter 4 Rights Relating to hours, holiday and pay

Question 1

Give a case example of rate of pay - annual leave

Answer 1

Lock v British Gas 2014

ECJ held Commission should be included in holiday pay

Question 2

Give a case example of rate of pay - annual leave, including all remuneration

Answer 2

British Airways plc v Williams and Others 2012

Fact
Airline pilots as well as ordinary pay normally got paid flying pay supplement and live away from base allowance.

Decision
ECJ held that holiday pay should include all remuneration.

Question 3

Give a case example of annual leave accrued during sick leave - reschedule

Answer 3

Pereda v Madrid Monilidad SA 2009

Fact
Claimant went on sick leave before annual leave.

Decision
ECJ held can reschedule holiday even if carried to next year.

Question 4

Give a case example of annual leave accruing during sick leave

Answer 4

Stringer and others v HM Revenue & Customs 2009

Fact
Claimant was off sick and asked for pay of annual leave accrued during sick leave.

Decision
ECJ ruled statutory holiday accrues during sick leave and if unable to take on return then paid instead.

*4 weeks as directive
*statutory accrues during sick leave
*take on return (inc next year)
* terminated then pay instead.

HL ruled unlawful deductions claim under s13 ERA as it is less time restrictive.

Question 5

Give a case example of rate of pay - annual leave - overtime

Answer 5

Bear Scotland v Fulton and others; Hertel Ltd v Woods and others; Asmec Group Ltd v Law and others. “Bear Scotland case”

Decision
Held in some cases overtime will be included in rate of annual leave if regular.

Note: enacted Deductions from Wages (Limitation) Regulations 2014.

Question 6

Give a case example of rights relating to - rest breaks and remedy

Answer 6

Grange v Abellio (2016)

Fact
Mr Grange worked 8.5 hrs with 0.5 lunch but it was impossible to take. This may have affected his health condition.

Decision
Compensation for no breaks. Also, it was queried the amount including PI which is not included in compensation under Reg 30(4) WTR. EAT view Supreme Court not determinative whether PI could be included and amount of compensation was not too large.