Source: All England Reporter
Publisher Citation: [2002] All ER (D) 215 (Mar)
Court: Employment Appeal Tribunal

Bell J, Ms N Amin and Mrs J Matthias

Representation Jeremy Burns (instructed by Hetts Pountney, Brigg) for the employer in the first appeal.
  The respondents in the first appeal appeared by their representative.
  Jeremy Burns (instructed by Pepperell Machin & Co, Scunthorpe) for the employer in the second appeal.
  The respondent in the second appeal appeared in person.
Judgment Dates: 22 January 2002


Employment - Remuneration - Holidays with pay - Entitlement to pay - Procedure ||Employees complaining employer failing to implement paid leave - Whether permissible to bring complaints under statute - Whether employee entitled to be paid for holiday not taken - ss 13(1), 23(2), 27(1)(a) - Working Time Regulations 1998, regs 13(3)(b)(i), 16, 30(2)(a).

The Case

Employees were entitled to pursue complaints that their employer had failed to implement the paid leave provisions in the Working Time Regulations 1998 within the time limits prescribed by the notwithstanding that reg30 of the Regulations expressly provided different time limits for such claims. Furthermore, by reg16(1), an employee was entitled to be paid in respect of any period of annual leave to which he was entitled under reg13, and that included holidays not taken.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.