Health and Safety Law 2024 (October 2024)
Connor v Chief Constable of the South Yorkshire Police [2023] EAT 42 confirmed that employers should not use 1/365 of salary to calculate each day’s leave for the purposes of holiday pay. Using a calculation based on 1/365 means holiday pay is less than the worker would receive when working and this cannot be justified even where there is a relevant agreement to that effect. Workers should receive payment on leave which is comparable to that received when working. For workers with regular working hours, whether part-time or full-time, holiday pay is calculated using their usual weekly or monthly pay.
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