Yarrow v Edwards Chartered Accountants - Working days not calendar days for holiday pay calculations [2007] EAT

An employment tribunal chairman dismissed Mr Yarrow's complaint, in his absence, without considering it. The EAT upheld his appeal on this point. The actual dispute in the case was basis of the calculation of outstanding holiday pay owed to Mr Yarrow.

HHJ Peter Clark held that when calculating outstanding holiday pay on termination of employment for the purposes of the Working Time Regulations, a "day's pay" should be based on the number of working days per year, and not the number of calendar days.

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