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Evans v Malley Organisation Ltd [2003] IRLR 156

By Oxbridge Law TeamUpdated 07/01/2024 17:07

Judgement for the case Evans v Malley Organisation Ltd

Table Of Contents

  • Plaintiff was a sales rep for Defendant and was paid a basic rate and very significant commission per unit sold.

  • Defendant said Plaintiff’s holiday pay would just be the weekly basic rate of pay, whereas Plaintiff argued that it should include commission.

  • CA held that holiday pay was just at the basic rate.

    • Under s. 221(2) and (3) ERA 1996 the holiday pay depends on whether pay varies weekly with the amount of work done: If it doesn’t then standard weekly pay = holiday pay, if it does, then holiday pay = averaged weekly pay.

    • CA said that pay didn’t vary with amount of work done because he had fixed working hours.

    • (Seems like a realistic interpretation of the statute, which is really concerned with jobs where the hours and hence pay varying each week, not merely varying pay depending upon success). 

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