In Connor v Chief Constable of the South Yorkshire Police [2023] EAT 42, the Employment Appeal Tribunal (HHJ Wayne Beard sitting alone) has addressed the question of whether, for the purposes of reg. 14 of the Working Time Regulations 1998, the sum specified by a relevant agreement in respect of a payment on termination in lieu of accrued but untaken annual leave may be less than the sum which would otherwise be payable under reg. 14. Allowing the appeal, the EAT held that “a relevant agreement cannot provide for a calculation which would mean a person is paid less than the usual amount they would have been paid for working when holiday pay is calculated” [20].
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