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Persimmon brickies win holiday pay case
10:14 19 Oct 2004
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Two bricklayers formerly engaged by Persimmon Homes have been told that they can have their holiday pay entitlement now and will not have to wait for a European Court decision on whether rolled-up holiday is permissible as part of an hourly rate (CJ 15 September).
The decision came following a review of their case by a Newcastle Employment Tribunal.
The men were represented by UCATT. The union argued that the tribunal had earlier agreed that they were “workers” within the terms of the Working Time Regulations and thus entitled to holiday money. The legality of rolled-up holiday money was not relevant.
Other recent Employment Appeal Court decisions have raised fresh doubts about the definition of workers and the extent of their rights.
The men had each claimed more than £10,000. The company and union have 28 days in which to agree on the sum due.
The decision came following a review of their case by a Newcastle Employment Tribunal.
The men were represented by UCATT. The union argued that the tribunal had earlier agreed that they were “workers” within the terms of the Working Time Regulations and thus entitled to holiday money. The legality of rolled-up holiday money was not relevant.
Other recent Employment Appeal Court decisions have raised fresh doubts about the definition of workers and the extent of their rights.
The men had each claimed more than £10,000. The company and union have 28 days in which to agree on the sum due.
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