Davies & Ors v. M J Wyatt (Decorators) Ltd [2000] EAT 1262_99_1307 (13 July 2000)

Davies & Ors v. M J Wyatt (Decorators) Ltd [2000] EAT 1262_99_1307 (13 July 2000)

Unilateral deductions from employees' wages to fund statutory holiday pay are unlawful under the Working Time Regulations 1998; such deductions require employee consent.

Source-derived case information.

Citation
[2000] EAT 1262_99_1307
Parties
Appellant: Mr Davies; Appellant: Mr Rickerby; Appellant: Mr Seel; Respondent: Tara Management Services
Jurisdiction
United Kingdom
Judgment Date
13 July 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Unauthorised Wage Deductions, Holiday Pay, Working Time Regulations 1998
Employment Law Unauthorised Wage Deductions Holiday Pay Working Time Regulations 1998

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Davies

Appellant

Mr Rickerby

Appellant

Mr Seel

Appellant

Tara Management Services

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether unilateral deductions from wages to fund holiday pay comply with Working Time Regulations 1998
  2. 2 Whether employers can unilaterally reduce pay to fund statutory holiday entitlement

Ratio Decidendi

Unilateral deductions from employees' wages to fund statutory holiday pay are unlawful under the Working Time Regulations 1998; such deductions require employee consent.

Court Disposition

appeal allowed

Orders

  • Respondents must repay the deductions made from each appellant's wages.