Law stated as at 13 Nov 2006 • England, Scotland, Wales
In Clarke v Frank Staddon Ltd, following an ECJ ruling that rolled-up holiday pay is unlawful under the Working Time Directive, the Court of Appeal has remitted the case to a tribunal for a re-hearing. The employer was also ordered to pay the worker's costs in the ECJ and Court of Appeal. The Court's judgment was very short and did not give any guidance to the tribunal on how it should interpret the "set-off" provisions of the ECJ's decision. Practitioners therefore face a frustrating wait for further clarity on this issue.