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.