Day 212 - 30 01 96 - Page 4

 
 

                                                                  DAY 212
 
 
 
 
 
     1        that he did not know about his holiday pay entitlement, and
     2        he never got a copy of the Handbook, which is a new
     3        allegation.
     4
     5   MR. JUSTICE BELL:  Just pause a moment.  Is it suggested that it
     6        would be shown on his payslips what his holiday pay was?
     7
     8   MR. RAMPTON:  My Lord, it will be for the fortnightly pay
     9        periods.  All the holiday pay is totalled up in the payroll
    10        summary sheets, which have been disclosed.
    11
    12   MR. JUSTICE BELL:   But what would he see?  I mean, I am quite
    13        interested, or I may be interested, in this.  I will have
    14        to evaluate any point which was explained to him 10 months
    15        before he ended work, that he would be entitled to holiday
    16        pay, but is it suggested there was a document which would
    17        remind him as he went along that he was entitled to pay,
    18        holiday pay?
    19
    20   MR. RAMPTON:  My Lord, I do not have it.
    21
    22   MR. JUSTICE BELL:  Is there a document which showed he was
    23        actually paid it when he left?
    24
    25   MR. RAMPTON:  I could not answer that without looking back at
    26        the end of the payslips I have seen, which are
    27        Miss Bishop's and Mr. Alimi.  My recollection is that the
    28        amount of holiday pay is stated on those payslips, but my
    29        recollection is fallible.  I have not, I am afraid, got my
    30        Colchester documents here, I do not think.
    31
    32   MR. JUSTICE BELL:  No, it need not be pursued now.  My only
    33        point is this:  my recollection, which I have said so many
    34        times is now extremely antiquated, but even if you did work
    35        for just a few weeks in a school holiday or a university
    36        vacation, if you were entitled to a holiday pay, you
    37        actually got it when you left on your last pay packet, even
    38        though it might be that you have only accumulated a couple
    39        of days, as it were.
    40
    41   MR. RAMPTON:  Yes.
    42
    43   MR. JUSTICE BELL:  What I thought part of Mr. Beech's allegation
    44        was that he left having worked for about 10 months without
    45        actually getting any holiday pay, and that since he has
    46        seen disclosed documents it has suddenly occurred to him he
    47        should have been paid it.
    48
    49   MR. RAMPTON:  As to that, I do not know what the position is at
    50        all.  All I do know, I can tell your Lordship that the Crew 
    51        Handbook says on page 12 of the 1992, which is the latest 
    52        one we have got, under the "Payment" section under 
    53        "Payslips":  "Holiday pay", it is item 6, "If you have
    54        claimed and are entitled to holiday pay, then the payment
    55        will appear under this heading".  That is on the payslip.
    56
    57   MR. JUSTICE BELL:  Yes.  Let us see how we go.  I mean, I would
    58        have thought -- it may be just a drop in the ocean -- that
    59        it is incumbent upon an employer to make sure an employee
    60        is paid any holiday pay which has accrued in his favour
 
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