LIST OF CASES / Robinson-Steele v R D Services Ltd ECJ 2006

[2006] ICR 932, ECJ, (Cases C-131 and 257/04) 16th March 2006.

NOTES

Robinson-Steele v R D Retail Services Ltd; Clarke v Frank Staddon Ltd; Caulfield and Others v Hanson Clay Products Ltd [2006] ICR 932, ECJ, (Cases C-131 and 257/04), (Cases C-131 and 257/04) (2005 Sept 15, Oct 27 and 2006 Mar 16, President of Chamber P Jann, Judges K Schiemann, N Colneric, K Lenaerts and E Juhasz, Advocate General C Stix-Hackl)

the full text of this ECJ judgment is available free of charge on the BAILII website

Authority for the proposition that:-

Rolled-up holiday pay is not compatible with the Council Directive 93/104/EC, art 7 (nb this directive is no longer in force having been replaced by a new consolidating Working Time Directive 2003/88/EC with effect from 2nd August 2004). However, if the arrangements for rolled-up holiday pay are transparent and comprehensible, this pay can be set off against the worker's entitlement to holiday pay.

For relevant general notes see Working Time Regulations/holidays and Working Time Regulations/problem areas .

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prepared Aug2008