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first_imgLast month, Paula Rome, training and development solicitorwith law firm Lewis Silkin, said businesses would have to pay holiday totemporary workers twice if rolled-holiday was found not to comply with thedirective. “Unions will use [the judgment] as a strongprecedent,” said Paul Sellers, policy officer with the TUC. “If theprinciple is that the directive was wrongly interpreted, then [the unions] willseek back pay.” The TUC’s policy is to bar the practice of giving agencystaff  ‘rolled-up’ holiday pay – whereholiday pay is added as a percentage of the regular pay packet. TUC to fight for back pay if rolled-up holiday ruled outOn 11 May 2004 in Personnel Today Rolled-up holiday was thought to comply with the directive,but this has been challenged in Robinson-Steele v R F Retail Services by theLeeds Employment Tribunal and referred to the ECJ. In 2002, the Office for National Statistics found there were1.5 million employees in temporary or short-term contracts in the UK. Sellerssaid nobody knew how many of these received rolled-up holiday pay because theGovernment did not survey for this information. In the conjoined appeals in Clarke v Staddon andCaulfield v Marshalls Clay Products, Lord Justice Laws said rolled-up paycomplied with the EU directive. The TUC will use a European ruling to help member unionsclaim back holiday pay if the European Court of Justice (ECJ) decides the EUWorking Time Directive has been wrongly interpreted in England.center_img Sellers said the TUC could find no other country in Europethat was interpreting the directive in this way, and that Scotland had nowbarred the practice following the recent ruling in MPB Structures v Munro atthe Scottish Court of Session. Comments are closed. Previous Article Next Article Related posts:No related photos. Ken Hutchinson, HR director at Good Hope NHS Trust inBirmingham, said he was concerned about the issue and was following it closely.He said he would try to ensure temporary staff could take holiday during thecontract, or be paid for the entitlement at the end of the contract term. “There needs to be a common sense approach,”Hutchinson said. “Some people just work two days a week, or some peoplecould have a temporary contract for a year. NHS staff [work] under extremepressure – they should not go without holiday.”last_img read more