Commentary

(7) The treatment of statutory holiday pay

Division BI Pay
| Commentary

(7) The treatment of statutory holiday pay

| Commentary

(7)     The treatment of statutory holiday pay

The fact that ERA 1996 s 27(1)(a) refers to 'sums payable under [the worker's] contract or otherwise' is relevant to holiday pay. It means that the definition of wages in ERA 1996 s 27(1)(a) includes not only contractual holiday pay but also payments in respect of annual leave due under regs 14(2) and 16 of the Working Time Regulations 1998 SI 1998/1833: see Revenue and Customs Comrs v Stringer [2009] UKHL 31, [2009] IRLR 677. As a result, a worker who has not been paid in respect of a period of statutory annual leave may bring a claim either (i) under reg 30(1)(b) of the Working Time Regulations

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