Appeal court to rule on holiday pay decision

The Court of Appeal in London is due to issue a new ruling later this month on the legality of holiday pay being included as part of an inclusive or rolled-up hourly rate.
This follows a day-long hearing last week of an appeal against the findings of an earlier Employment Appeal Tribunal. The Tribunal said that, under certain conditions, rolled-up pay can meet the legal requirements of the Working Time Regulations - despite the fact that a Scottish high court had previously ruled rolled-up pay illegal.
UCATT and the GMB union have appealed the decision in a case involving Marshalls Clay Products and four contractors, including brickwork specialist Frank Staddon.
The Court of Appeal judges will make their reserved decision in about three weeks.
They indicated that, in the first place, they would need to decide whether it was appropriate for them to overrule the judgement of their equivalent court in Scotland. They further suggested they might have to refer the matter to a higher legal authority (the House of Lords or even the European Court).