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Representation:
Mr P. Nicholls instructed by Canada Life Ltd, Legal Department, Canada Life Place, High Street, Potters Bar, Herts EN6 5BA
Mr Gigg, solicitor of Messrs Ashton Bond Gigg, Solicitors, Pearl Assurance House, Friar Lane, Nottingham NG1 6BX for Mr Gray and Mr Farrar.
Authority for the propositions that:-
- the normal rule under the Working Time Regulations 1998, SI 1998/1833 is that a worker has no right to carry untaken holiday forward to the next year and that if he does not take holiday he cannot claim pay in lieu. However the position is different once his employment has ended. He is then entitled to holiday pay for holiday he has not taken;
- failure by an employer to pay holiday pay in those circumstances is properly categorised as failure to pay wages as defined in ERA 1996 s.27(1)(a) and amounts to an unlawful deduction from wages contrary to ERA 1996 s.13.
For relevant general notes see Working Time Regulations/holidays and notes generally at Deductions from wages etc .
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updated March2004