||All England Reporter
|| All ER (D) 264 (Apr)
||Employment Appeal Tribunal, Scotland
Lord Johnston, Mr G Carter and Dr W Speirs
||J Marsh of LPMS Ltd, Leeds for the appellants.
||D McElroy of Dallas McMillan, Glasgow for the respondent.
||28 March 2002
Employment - Contract of service - Written particulars of employment - Contract making allowance for holiday pay - Employment tribunal finding provision void - Whether tribunal in error - Working Time Regulations 1998, reg 13, 35.
A provision in a contract of employment which provided that an allowance of 8% would be made in each weekly pay packet to provide for holiday pay was void under reg13(9)(b) of the Working Time Regulations 1998 which provided that leave could not be replaced by a payment in lieu except where the worker's employment had been terminated.
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