Clarke v Frank Staddon Ltd - rolled-up holiday pay cases - CA 17.10.06

This is a further, and perhaps final, stage in the long running "rolled-up holiday" pay litigation, the other relevant case being Caulfield & ors. v Marshalls Clay Products Ltd. In april 2004 the Court of Appeal referred questions to the European Court of Justice which ruled in March 2006 that the EC Working Time Directive makes it unlawful for an employer to roll up holiday pay. The case has now came back to the Court of Appeal. It has been remitted (unless settled) to the London Central Employment Tribunal for rehearing taking into account the ECJ judgment.

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