Representation:-

a provision in an employment contract under which an employer pays holiday pay as a "rolled up" weekly amount is void as the effect would be to exclude or limit the operation of the Working Time Regulations 1998 (and any such agreement is void pursuant to Working Time Regulations 1998 (SI 1998/1833) reg 35).

editor's notes:
Decision of the Scottish Court of Session and not binding in England and this particular decision has been much criticised. Relevant questions are likely to be put to the European Court of Justice during 2004.

See notes at Working Time Regulations/problem areas for relevant general notes (and see also notes on Marshalls Clay Products Ltd v Caulfield and other cases EAT 2003 and on Smith v A.J. Morrisroes & other cases EAT 2005 ).