Source: All England Reporter
Publisher Citation: [2002] All ER (D) 264 (Apr)
Court: Employment Appeal Tribunal, Scotland
Judge:

Lord Johnston, Mr G Carter and Dr W Speirs

Representation J Marsh of LPMS Ltd, Leeds for the appellants.
  D McElroy of Dallas McMillan, Glasgow for the respondent.
Judgment Dates: 28 March 2002

Catchwords

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.

The Case

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.

Practice Areas

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