The case of Canada Life –v- Gray. Gray and a colleague had worked as self employed consultants for Canada Life for a very lengthy period. Their contracts were terminated in 2002. In accordance with contract they both received final commission payments.

In January 2003 they both claimed to an Employment Tribunal that they were entitled to holiday pay under the Working Time Regulations. They had never at any time during their period with Canada Life claimed or made any application to take holiday.

The tribunal found that both men were entitled to four weeks paid leave under the Regulations and went on to say that is was not necessary for a worker to actually take holiday in order to claim payment in respect of such holiday.
The case went to Appeal where the Tribunal’s decision was upheld. Despite them being self-employed, and to make matters worse, the failure to make such payment constituted an unlawful deduction of wages under Employment Relations Act. They received £30,000 and £20,000 respectively.

jack purvis

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