In Robinson-Steele v RD Retail Services Ltd and other cases Joined Cases C-131/04 & C-257/04 ECJ, the European Court of Justice held that it is unlawful to "roll up" holiday pay so that, in effect, workers' minimum period of paid annual leave is replaced by an allowance, paid in instalments throughout the year.
In Commissioners of Inland Revenue v Ainsworth and others, the Court of Appeal holds that workers absent through long-term sick leave who have exhausted their entitlement to sick pay are not entitled to four weeks' holiday pay when they have done no work during the leave year.
Karen Smith and Sophy Robinson of Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
In Smith v AJ Morrisroes & Sons Ltd and other appeals, the EAT holds that the guidelines set out by the EAT in Marshalls Clay require that "there must be mutual agreement for genuine payment for holidays, representing a true addition to the contractual rate of pay for time worked."
In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.
In Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA, the Court of Appeal held that where overtime hours have been worked during the 12-week period immediately preceding the date on which a worker's holiday begins only those hours that the employer is contractually required to provide and the worker contractually required to work count as normal working hours for the purposes of determining the amount of a week's pay.