||All England Reporter
|| All ER (D) 168 (Jun)
|| UKHL 31
||House of Lords
Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, and Lord Neuberger of Abbotsbury
||Christopher Jeans QC and Michael Ford (instructed by Thompsons) for the employee and other appellants.
||John Cavanagh QC and Adam Tolley (instructed by the Solicitor for Revenue and Customs) for the employer.
||10 June 2009
Employment - Remuneration - Deduction from wages - Time limit - Meaning of 'wages' - Employee successfully bringing claim against employer for unlawful deduction from wages in respect of payment in lieu of leave on termination of employment - Employee bringing claim under relevant legislation and relevant regulations - Employment tribunal upholding employee's claim - Employer contending employee only entitled to bring claim under regulations which had more restrictive time limit than relevant legislation - Whether such claim amounting to 'wages' within relevant legislation - Whether claim could be brought under relevant legislation - s 27 - Working Time Regulations 1998, , reg 30.
Employment Remuneration. House of Lords: The appeal of the employee and other appellants against the Court of Appeal's decision that no complaint about deduction of holiday pay due under the Working Time Regulations 1998, , which had a limitation period of three months, could be brought under of the Employment Rights Act 1996, which had a more generous time limit, was allowed in circumstances, where it was decided that the statutory purpose of the definition of 'wages' in s27 of the 1996 Act appeared to be wide and inclusive, with the result that the Court of Appeal had no good reason to take a restrictive view of the wide, natural meaning of that definition.
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