In Lyddon v Englefield Brickwork Ltd EAT/0301/07, the EAT held that, where an individual knew that his normal pay would include an element of holiday pay, subsequent identification in his payslip of the actual amount so allocated was sufficient to make it part of his contract, thus allowing the employer to offset those payments against the pay that was due to him when he actually took holiday.
In McMenemy v Capita Business Services Ltd [2007] IRLR 400 CS the Court of Session held that an employer that did not award time off in lieu of bank holidays to a part-time employee who did not work on Mondays was not in breach of the part-time worker Regulations.
In May Gurney Ltd v Adshead and others EAT/0150/06 the Employment Appeal Tribunal holds that the remuneration of employees entitled to a perfomance bonus "does vary with the amount of work done". Accordingly the amount of a week's pay for the purpose of calculating holiday pay will be determined by taking the employees' average pay over the 12 weeks preceding their holiday.