More 'judicial schizophrenia' over holiday pay

Conflicting rulings in England and Scotland over whether rolled-up holiday pay is lawful have produced "judicial schizophrenia", according to Andrew Hogarth, QC.
Hogarth will be representing UCATT in an appeal to the English Court of Appeal against a recent employment appeal tribunal (EAT) decision that rolled-up pay can be permissible under the Working Time Regulations.
He will argue that the EAT was incorrect in declining to follow the ruling of the Scottish Court of Session in the case of MPB Structures, where rolled-up pay was found to be unlawful.
It will be submitted that all employment tribunals, whether in England, Wales or Scotland, are bound to follow a decision by an EAT whether it is sitting in London or in Edinburgh.
Equally, an EAT in London or in Edinburgh is bound by a standing decision of the Scottish Court of Session or the Court of Appeal.
In that case, the EAT should have followed the existing Scottish ruling relating to MPB, said Hogarth.
<F06E> The problem of bogus self-employment in construction is being fuelled by "an army of consultants advising employers how to get round the law", according to UCATT general secretary George Brumwell.
"Employment tribunal decisions are scrutinised for new loopholes that are then circulated around the industry as model contracts," he said.