Working Time & Holiday Pay

Authorities (6)

• Stringer v Revenue & Customs [2009] IRLR 214 [judgment]
  Lord Hope, Lord Rodger, Lord Walker, Lord Brown, Lord Neuberger

  Holiday pay; sickness; employees accrue statutory holiday while on sick leave. [Summary not yet checked against the judgment.]

  Referred to: cited by 3 in this knowledge base

  Cited by

  • Chief Constable of the Police Service of Northern Ireland v Agnew 11 paras
  • Russell Cherrington v University of Derby 2 paras
  • Abercrombie v Aga Rangemaster Ltd 1 para

  References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.

• NHS Leeds v Larner [2012] IRLR 825; [2012] EWCA Civ 1034 [judgment]
  Mummery LJ, Henderson J, Tomlinson LJ

  Holiday pay; sickness; a worker on sick leave carries over holiday entitlement automatically without needing to request it.

• Lock v British Gas Trading Ltd Case C-539/12, ECLI:EU:C:2014:351, [2014] ICR 813 (Court of Justice of the European Union, First Chamber, 22 May 2014) (reference for a preliminary ruling from the Employment Tribunal, Leicester) [judgment]
  A. Tizzano, President of the First Chamber, E. Levits, Rapporteur (with A. Borg Barthet, M. Berger and F. Biltgen), Yves Bot

  Holiday pay; results-based commission; normal remuneration; Working Time Directive art 7(1). [Summary not yet checked against the judgment.]

• Harpur Trust v Brazel [2022] IRLR 775; [2022] UKSC 21 [judgment]
  Lord Hodge, Lord Briggs, Lady Arden, Lord Burrows, Lady Rose

  Holiday pay; part-year workers; 12.07% accrual method is unlawful; workers get 5.6 weeks regardless of weeks worked.

• Lloyd v Elmhurst School Ltd [2022] EAT 169 [judgment]
  Michael Ford

  NMW; salaried hours; NMW is payable for 'basic hours' designated in contract; disputes over unpaid extra hours.

  Referred to: cites 2 in this knowledge base

  Cites

  • Jafri v Lincoln College 1 para
  • Sinclair Roche & Temperley v Heard 1 para

  References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.

• Taylors Poultry Services v HMRC [2024] EAT 102Affirmed [judgment]
  Judge Stout

  NMW; travel time; travel to a place of work is generally not 'time worked' for National Minimum Wage purposes.

  Later history: affirmed by HMRC v Taylors Services Ltd (2025)

  Affirmed by HMRC v Taylors Services Ltd [2025] EWCA Civ 956 (2025-07-24)

  • Affirmed “Work” in reg 30 of the National Minimum Wage Regulations 2015 means actual work; the workers' travel between home and farms was not time work [99]
  • Affirmed The Supreme Court's reasoning in Mencap on sleep-ins applies equally to travelling time [100]