Watch this spaceOn 1 Jun 2004 in Personnel Today This month’s watch this space– In Caulfield v Marshalls Clay Products the Court of Appeal has asked theECJ to resolve the conflicting case law on whether holiday pay under theWorking Time Regulations can be paid through a rolled-up hourly rate of pay.The Court of Appeal appeared inclined to support the view of the EAT that thispractice was permissible if certain conditions are met, but considered areference to the ECJ appropriate to end the legal uncertainty. – Leave has been given to appeal a High Court ruling (Amicus v Secretary ofState for Trade & Industry) rejecting a challenge to the new legislation ondiscrimination on the grounds of sexual orientation. The issue is the inclusionin the Regulations of a ‘genuine occupational requirement’ defence that allows,in exceptional cases, an employer to refuse to employ a gay person on the basisthat their sexuality is incompatible with the job. The High Court ruled thatthis exception was not contrary to EC law but also stressed that the exceptionwill be given a very narrow scope. Previous Article Next Article Comments are closed. Related posts:No related photos.