6. Case Law on Holidays

Changes in Holiday through Case Law

Case law is always developing the law. This has happened extensively in the area of holiday / annual leave. Case law has looked at and interpreted the Working Time Regulations (1998) to confirm how these regulations should be applied.

Detailed below are some of the key cases.

Calculating Holiday Pay

There have been several decisions both within the UK courts and the European Court of Justice (ECJ) that impact on the calculation for statutory holiday pay during the 4-week entitlement, specifically in relation to overtime and commission payments.Essentially the law says that employees who take annual leave should not lose out in their pay and should receive the same pay when they are on holiday as they...

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Some case law around annual leave.

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