Here are 3
important points to consider from the decision:
And here is one
myth to quickly dispel:
In
the judgment, the Employment Appeals Tribunal relied on s.23 Employment Rights Act 1996 to find that a 3-month limitation
period will apply if there has been a break of more than three months between
successive underpayments. If Mr. Justice Langstaff is right that the EAT’s
decision only relates to the 20-day holiday provided for under the European
Working Time Directive and not the additional 8-day entitlement provided by the
Working Time Regulations and if it is right that Directive holiday is taken
first in any holiday year, then it is arguable that the series of deductions
may be broken where an employee has taken Directive holiday followed by
Regulation holiday.