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Holiday pay debate rages
Temp agencies are likely to be able to continue to provide ‘rolled-up’ holiday pay following Europe’s top legal expert’s backing of the system. Agencies outside Scotland have the option of paying temps holiday pay on top of their wages. This means that they don’t have to pay temps while they are on holiday. The European Court of Justice’s (ECJ) advocate-general, Christine Stix-Hackl, backed the practice, provided agencies clearly show how much of a temp’s wage is holiday pay. Stix-Hackl gave her opinion to provide guidance to a court case, and it is expected that the ECJ will agree with her thinking. Kevin Barrow, lawyer at legal firm Tarlo Lyons, said Hackl also ruled that agencies must ensure temps take their minimum holiday entitlements on health and safety grounds.
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