Labour & European Law Review
28 August 2013
Following a review of its holiday pay policies in light of developing case law on working time, the John Lewis partnership is paying its staff an extra £40 million for holidays taken since 2006.
Under the Working Time Regulations (WTR), workers are entitled to four weeks “ordinary” leave and 1.6 weeks “additional” leave.
Tribunals have wide powers when hearing cases. In Duffy v George, the Court of Appeal held that they must use those powers to ensure they deliver procedural justice, especially when the case turns on the credibility of the evidence (which amounts to one person’s word against another) and the party making the allegations does not attend the hearing.