Roll-up pay excused by London tribunal

Reasons have been given for a central London employment tribunal ruling that allowed holiday pay to be included in a rolled-up hourly rate.

They indicate that the panel was specifically unimpressed by the findings of an earlier Edinburgh employment appeal tribunal that declared roll-up pay to be against the spirit and intentions of the Working Time Regulations.

Unions have been counting on the Edinburgh decision - involving MPB Structures - as a landmark that would ban the inclusion of holiday pay as part of an all-in hourly rate.

The latest London tribunal finding involved brickwork specialist Frank Staddon (CJ 8 January). It rejected a holiday pay claim on the grounds that it was made clear from the outset that the hourly rate included holiday money.

It states that the MPB Structures finding "was not advanced upon us as a case that we should follow".

The issue of the admissibility of roll-up pay nonetheless remains open to further legal testing.