Inner House, Court of Session
HELD: (1) It was clear from Council Directive 93/104/EC that the right to annual leave and to payment for it was part of a single entitlement. (2) The arrangement of 'rolling up' holiday pay was not in accordance with the requirements of the 1998 Regulations and would lead to situations where workers were discouraged from taking holidays when they would otherwise have sought to do so. That state of affairs conflicted with the aim of both the 1998 Regulations and the Council Directive 93/104/EC, which was to safeguard the health and safety of workers. (3) MPB’s method of 'rolling up' holiday pay did not discharge its liability in respect of holiday pay under reg.16(1) of the 1998 Regulations.
 ICR 430
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