17th October 2011, 09:12 PM
OK.. I have now had a chance to check out this case. It isn't made clear in Tillet's original post, but this is not a new ruling, but in fact a ruling from 2008! Quite why Tillet and/or Unite trade union have chosen this moment to publicise the case isn't entirely certain...
The legal situation appears to be that the European Courts have declared Rolled-up holiday pay to be incompatible with the Working Time directive (WTD) (the same directive that restricts workers to a 48 hour week except in exceptional circumstances and then only as a permissive measure). The UK government has taken its time in applying the full implications of the WTD, not just this current bunch but the previous New Labour variety as well. That has led to a number of cases which lie on the 'cusp' of the law. Despite the fact that implementation of the WTD would have led to these cases now being outdated, the ambiguity as to the interpretation of the law has led to such cases still coming through to tribunals. This particular tribunal ruling says that there was an implied contract for holiday pay to be rolled-up and there was no doubt that the correct sum was paid. This is despite the practice being proscribed by the WTD....the lack of definition of the directive allowing employers to carry on the practice.
The fact that this case has not been appealed to the European court in the period since 2008 suggests to me that there is little chance of that court overruling the industrial tribunal. It's just another case of the British government fudging European law, to the detriment of UK workers. As I said at the outset, I have no idea why Tillet is raising this matter right now. It is certainly not a definitive interpretation of European case law...
The legal situation appears to be that the European Courts have declared Rolled-up holiday pay to be incompatible with the Working Time directive (WTD) (the same directive that restricts workers to a 48 hour week except in exceptional circumstances and then only as a permissive measure). The UK government has taken its time in applying the full implications of the WTD, not just this current bunch but the previous New Labour variety as well. That has led to a number of cases which lie on the 'cusp' of the law. Despite the fact that implementation of the WTD would have led to these cases now being outdated, the ambiguity as to the interpretation of the law has led to such cases still coming through to tribunals. This particular tribunal ruling says that there was an implied contract for holiday pay to be rolled-up and there was no doubt that the correct sum was paid. This is despite the practice being proscribed by the WTD....the lack of definition of the directive allowing employers to carry on the practice.
The fact that this case has not been appealed to the European court in the period since 2008 suggests to me that there is little chance of that court overruling the industrial tribunal. It's just another case of the British government fudging European law, to the detriment of UK workers. As I said at the outset, I have no idea why Tillet is raising this matter right now. It is certainly not a definitive interpretation of European case law...
With peace and consolation hath dismist, And calm of mind all passion spent...