| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 388 (Jul) |
| Court: | Employment Appeal Tribunal |
| Judge: | Elias J, Mr A Harris and Mr D Smith |
| Representation | Andrew Hogarth QC (instructed by OH Parsons & Partners) for the employees. |
| John Hand QC and Damien Brown (instructed by Steeles (Law) LLP) for the employer. | |
| Judgment Dates: | 26 July 2006 |
Catchwords
Employment - Remuneration - Holidays with pay - Bonus schemes - Whether pay varied with work done - Whether employer unlawfully deducting bonuses from employees' holiday pay - s 221 - Working Time Regulations 1998, , reg 16.2.
The Case
It was inevitable that in all the circumstances where pay was related to work done as opposed simply to payment for the hours worked, there would have to be some objective measure relating to work output which would be used to define or determine how much work had been done. Where pay was related to output and output was in turn significantly connected with level of performance, it could properly be said that the pay varied with the work done for the purposes of s221(3) of the .
Practice Areas
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