legislation update
rolled up holiday pay
 |
The European Court of Justice (ECJ) has recently handed down its judgement in the case of Marshalls Clay Products Limited v Caulfield. This has effectively made the practice of rolling up holiday pay illegal. Since May 2003, TAC Europe has adopted the policy of not offering 'Rolled up' pay. |
frequently asked questions
Q – Am I able to still be paid on a rolled up rate basis?
A – No – The Working Time Directive does not allow this, and it is not TAC Europe policy.
Q – When do I start to accrue holiday ?
A – You will start to accrue holiday from the day you commence your new rates of pay. This date will be classed as your holiday year.
Q – What happens if I have not used all of my holiday in my holiday year ?
A – The Working Time Directive states that you must use your holiday and that it cannot be carried over to a new year or to be paid for.
Q – What happens to my accrued holiday if my contract ends ?
A – Any outstanding holiday will be paid to you.
Q – I have contractors working on a rolled up rate from another agency should I be worried?
A – The responsibility for paying any sums owed rests with the Agency, they may want to increase their charge rate to you as a result.
Q – I don't know if I have any contractors on a rolled up rate?
A – Our MCS group can help you with an audit of your complete contractor population
Q – A contractor is claiming holiday pay from me what should I do?
A – Refer them to their Agency
Q – I have direct contractors how should I deal with them?
A – TAC Europe does not recommend clients to engage contractors directly, our MCS group can provide a payrolling service for you.
|
