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Law in 101 words

26 February 2009 / Roderick Ramage
Issue: 7358 / Categories: Features , Legal services , Terms&conditions , Employment
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Snippets from The Reduced Law Dictionary by Roderick Ramage

Apportionment of holiday pay Mr Jenkins’ employment ended with some holiday entitlement not taken. His employer, purporting to apply the Apportionment Act 1870, divided his annual pay by 365 and multiplying it by the 14.5 days’ holiday not taken. He complained that the portion of his salary had been calculated with reference to a seven-day week while the period of his holiday entitlement had been calculated with reference to a five-day week. In Jenkins v IACR Rothamsted [2001], the EAT agreed. Nothing in the Act required like to be compared with unlike. The daily rate of pay had to be multiplied by 20.5.

 

Bonus and maternity pay

Don’t go on maternity leave at bonus time. In Lewen v Dender [2000], the ECJ said that where a bonus is a reward for work done, the employer may reduce it proportionately for an employee’s absence on maternity leave, but (proving that the ECJ is reality detached) if it is to encourage employees in active service to work hard

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