Commentary

(c) Means of bringing complaint

Division CI Working Time
| Commentary

(c) Means of bringing complaint

| Commentary

(c)     Means of bringing complaint

It is in the nature of the rights conferred by WTR SI 1998/1833 regs 10, 11 and 12, and the alternative provisions in regs 24 and 24A, that the only remedy is by way of complaint of breach of those provisions, and the only means of pursuing such a complaint is under reg 30. The same is true of a complaint that the employer refused to permit the worker to take annual leave. However a failure to pay holiday pay, or to pay in lieu of untaken holiday, could in principle be a complaint of unlawful deductions from wages under Part II of the ERA 1996; the definition of wages in s 27 includes holiday pay, and the definition of 'worker' in the WTR is the same as for the purposes of Part II. The potential advantages of this option are discussed further below. This option was initially closed down by the Court of Appeal in Commissioners of Inland Revenue v Ainsworth [2005] EWCA Civ 441, [2005] IRLR 465, [2005] ICR 1149, overruling the earlier decision of the EAT in List Design Group Ltd v Douglas [2003] IRLR 14, [2002] ICR 686, which

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