Ms F Higgins v Argyll and Bute Council (Scotland : Working Time Regulations) [2017] UKET 4105022/2015 (31 August 2017)

Ms F Higgins v Argyll and Bute Council (Scotland : Working Time Regulations) [2017] UKET 4105022/2015 (31 August 2017)

The tribunal found that the respondent failed to include all elements of normal remuneration in the calculation of the claimant's holiday pay, thus breaching the Working Time Regulations.

Citation
[2017] UKET 4105022/2015
Parties
Claimant: Ms F Higgins; Respondent: Argyll and Bute Council
Jurisdiction
United Kingdom
Judgment Date
31 August 2017
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Working Time Regulations, Holiday Pay
Employment Law Working Time Regulations Holiday Pay

Case Brief

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Parties

Ms F Higgins

Claimant

Argyll and Bute Council

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent breached the Working Time Regulations in relation to the claimant's holiday pay

Ratio Decidendi

The tribunal found that the respondent failed to include all elements of normal remuneration in the calculation of the claimant's holiday pay, thus breaching the Working Time Regulations.

Court Disposition

Claim upheld

Orders

  • Respondent to pay the claimant the shortfall in holiday pay as determined by the tribunal