Monaghan Ltd v. Wilson [2003] UKEAT 1205_01_2406 (24 June 2003)

The Tribunal erred in awarding an additional £136.76 for holiday pay as the respondent had already received payment for 2.5 days of holiday, and was only entitled to a further £30 for the remaining half day. The appeal was allowed to this extent, and the order was varied accordingly.

Citation: [2003] UKEAT 1205_01_2406
Parties: Appellant: Gary Monaghan Ltd; Respondent: Ms D Wilson
Jurisdiction: United Kingdom
Judgment Date: 24 June 2003
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal Review Decision
Outcome: Appeal allowed in part; order for £136.76 set aside and replaced with order for £30.
Legal Topics: Holiday Pay, Unlawful Deduction From Wages, Employment Contract, Working Time Regulations, Costs

Employment Law Holiday Pay Unlawful Deduction From Wages Employment Contract Working Time Regulations Costs

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

Gary Monaghan Ltd

Appellant

Ms D Wilson

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Review Decision

Legal Issues

1 Whether the respondent was entitled to additional holiday pay beyond what was already paid
2 Whether the Employment Tribunal erred in awarding an additional £136.76 for holiday pay
3 Whether costs should be awarded to the respondent for attending the appeal

Ratio Decidendi

Court Disposition

Appeal allowed in part; order for £136.76 set aside and replaced with order for £30.

Orders

Order for payment of £136.76 set aside and replaced with order for payment of £30 for additional holiday pay.
No order as to costs in favour of the respondent.