Source: All England Reporter
Publisher Citation: [2005] All ER (D) 259 (Dec)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark

Representation Peter Edwards (instructed by Rowley Ashworth, Birmingham) for the employee.
  Christopher Walker (instructed by Zatman & Co, Manchester) for the employer.
Judgment Dates: 18 October 2005

Catchwords

Employment - Remuneration - Holidays with pay - Calculation of entitlement to holiday pay - Tribunal upholding employee's complaint that he had been underpaid - Whether tribunal in error.

The Case

The meaning of the expression 'earnings', in the context of the contract of employment at issue, would convey to a reasonable person with the necessary background knowledge at the time that the contract was entered into that payments made to the employee under the terms of the contract, including holiday pay, were included in the expression 'earnings'.

Practice Areas

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