Is it unlawful to pay a term-time worker rolled-up holiday pay?
Posted in : First Tuesday Q&A NI on 3 July 2018
Chris Fullerton
Arthur Cox
Rolled-up holiday pay is when an employer does not pay the employee holiday pay while they are on holiday, but instead makes an additional payment during the weeks that the employee works. This represents the pay due in respect of the holiday periods.
In relation to term time workers, employers will often require that they take their holidays during school holidays, but this should be specifically addressed in the employee's contract of employment.
Employers can either pay term-time workers holiday pay during part of their school holidays or spread their holiday pay across their pay during the year.
In Gee and others v Governing Body of the Haberdashers’ Aske’s Boys’ School, the Employment
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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