Rjan:
codge123:
How did it come about getting average holiday paid??There was a case brought in which the method of calculating a “normal week’s pay” (defined in the Employment Rights Act 1996) was declared incompatible with EU law (is it the Working Time Directive which provides for paid holiday? I don’t have the time to check atm but I assume it is).
The judges therefore reinterpreted the domestic legislation (Working Time Regulations 1998?) which implemented the Directive, to bring it into line with the requirements of the Directive - so that a “normal week’s pay” in relation to paid holiday, means something different from how the ERA 1996 defines a “normal week’s pay”, and is now closer to what an ordinary person would understand by the word “normal” rather than the twisted sense in which it is used in the ERA 1996.
who instigated the claim, some joe on the street or the unions