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Anonymous
I was Counsel (Rachel Crasnow from Cloisters)in the case of Blackburn v Gridquest and it should be noted that the Court of Appeal specifically refrained from commenting whether it would be unlawful or not to roll up holiday pay even if this were agreed between the parties in advance. Accordingly this case will not be the final word on Regulation 16.
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Anonymous
Sadly, the Court of Appeal in Gridquest was not asked to decide whether rolled up holiday pay would be effective if there was an express agreement to it. A recent case in the EAT (MPB Structure v Munro) has, however, decided that holiday pay must actually be paid at the time that the holiday is taken, in order to comply with the spirit of the Working Time Regulations 1998. Otherwise, employees who fail to save up the relevant portion of their normal pay may find it practically impossible to take holiday. We believe that the EAT's decision in Munro is the same decision that the Court of Appeal would have reached, if it had been asked to rule on the same specific point. Employers are therefore advised that the rolling up of holiday pay is likely to be ruled unlawful in the future.
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