Lyddon v Englefield Brickwork Ltd [2007] UKEAT 0301_07_2310 (23 October 2007)

Lyddon v Englefield Brickwork Ltd [2007] UKEAT 0301_07_2310 (23 October 2007)

There was a contractual agreement that part of the remuneration was referable to holiday pay, and the system for calculating the sum was established and transparent. The payments could be set off against statutory entitlement as they met the criteria of transparency and comprehensibility.

Source-derived case information.

Citation
[2007] UKEAT 0301_07_2310
Parties
Appellant: Mr Lyddon; Respondent: Englefield Brickwork Limited
Jurisdiction
United Kingdom
Judgment Date
23 October 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
appeal dismissed
Legal Topics
Holiday Pay, Working Time Regulations, Contractual Remuneration, Rolled Up Holiday Pay, Transparency and Comprehensibility
Employment Law European Union Law Holiday Pay Working Time Regulations Contractual Remuneration Rolled Up Holiday Pay Transparency and Comprehensibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Lyddon

Appellant

Englefield Brickwork Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether rolled up holiday payments can be set off against statutory holiday pay under the Working Time Regulations 1998
  2. 2 Whether the payments were contractual and met the criteria of transparency and comprehensibility

Ratio Decidendi

There was a contractual agreement that part of the remuneration was referable to holiday pay, and the system for calculating the sum was established and transparent. The payments could be set off against statutory entitlement as they met the criteria of transparency and comprehensibility.

Court Disposition

appeal dismissed

Orders

  • no further sums owing to the claimant
  • claim dismissed