BRICK workers are fighting against an "archaic" company pay structure which means employees don't get paid when they are on holiday.

Employees at Marshalls Clay Products, in Accrington, have already taken the company to an employment tribunal which ruled its 'rolled-up' holiday pay contravened European working laws.

But the company, which employs people throughout East Lancashire, has since appealed against the decision.

Graham Coxan, union official for the GMB who is representing more than 100 workers at the site, said he was not aware of any other case of its kind in East Lancashire.

The tribunal heard the company, based at the former 120-year-old Accrington Brickworks, in Whinney Hill Lane, pays its 'four days on, four days off' shift workers holiday pay as part of their hourly rate.

The tribunal concluded workers were not paid while they were on holiday. Bosses said holiday pay was made throughout the year.

Union officials said the payment method had the knock-on effect of workers having to find cover for their shifts while they were away.

The employment tribunal last November ruled the holiday pay procedure contravened a clause in the Working Time Regulations 1998 -- a European law which secures rights for workers.

After the tribunal the company issued a letter saying employees must take 14 days' holiday, as stated in the Working Time Regulations. The company have yet to change the method of 'rolled up' holiday pay.

Graham Coxan, GMB officer, said: "It's archaic. It means that if the worker takes a fortnight holiday they won't get any pay put into the bank while they are away.

"A couple of years ago Marshalls were talking about building industrial relations. We were hoping it was going to improve but industrial relations have deteriorated."

Tony Wittcomb, operations manager, said: "In order to comply with the decision of the employment tribunal, the company has to ensure that employees take 14 days' holiday during their working time.

"The company has now lodged an appeal against the decision.

"The company is meeting with the union representatives on April 9 to discuss the implications of the decision and action required until the appeal has been heard."