Holiday can be rolled up


Another employment tribunal has ruled that holiday entitlement can be rolled up as part of an inclusive rate of pay.

A court in Leeds last week rejected a claim for holiday pay brought by UCATT on behalf of four CIS4 bricklayers engaged by Lancashire-based Keith Walton Brickwork. The findings were in line with a recent decision by a London tribunal in a case involving brickwork specialist Frank Staddon (CJ 8 January).

Other, similar cases have gone against contractors.

Managing director Keith Walton told CJ: "Up until a couple of years ago, all our bricklayers were directly employed. However, we found that we couldn't get men to accept direct employment. So we had to take on some CIS4 workers."

The tribunal accepted Walton's claim that the men were given contracts that specifically stated that they were to be paid 10% above the direct employment rate and that this was to cover holiday money and insurance.


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