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Cases on appeal

Cases on appeal provides news on key case law developments that are expected.

Supreme Court rules on historic holiday pay claims

In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Supreme Court upheld the Court of Appeal's decision that police officers and civilian police support staff in Northern Ireland can recover holiday underpayments that stretch back as far as 1998.

Supreme Court rules on holiday pay for part-year workers working variable hours

Date:: 26 July 2022

In Harpur Trust v Brazel, the Supreme Court held that holiday pay for part-year workers should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act.

Holiday pay: Worker wrongly classed as self-employed can claim for unpaid leave

Date:: 3 February 2022

In Smith v Pimlico Plumbers Ltd, the Court of Appeal held that a worker who was wrongly classified as self-employed and refused paid holiday by his employer is entitled to compensation for all the unpaid leave he took throughout his employment.

Long-term sick leave: Holiday carry-over limited to four weeks, confirms ECJ

Date:: 21 November 2019

In TSN v Hyvinvointialan Liitto Ry; AKT v Satamaoperaattorit Ry, the European Court of Justice (ECJ) held that, in the absence of domestic legislation or collective agreements to the contrary, workers on sick leave are not entitled to carry over any paid annual leave over and above the EU minimum of four weeks.

Working time: Threat to dismiss was unlawful detriment

Date:: 3 October 2019

In Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that a kitchen porter had been subjected to a detriment when he was threatened with dismissal after he refused to return to work following a breach of his right to a rest break.

Court of Appeal rules on calculation of holiday pay for term-time, zero hours workers

Date:: 9 August 2019

In The Harpur Trust v Brazel, the Court of Appeal held that holiday pay for "part-year workers" should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act 1996 and calculating average weekly remuneration over the previous 12 weeks.

NHS trust's monitoring of junior doctors' rest breaks is "flawed"

Date:: 7 August 2019

In Hallett v Derby Hospitals NHS Foundation Trust, the Court of Appeal held that an NHS trust's use of commercial software to monitor rest breaks results in a breach of junior doctors' terms and conditions of service.

Holiday pay: Northern Ireland Court of Appeal refuses to limit claims for overtime non-payments

Date:: 25 June 2019

In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Northern Ireland Court of Appeal refused to limit workers' historic claims for the unlawful exclusion of overtime from holiday pay calculations.

Court of Appeal rules that voluntary overtime must be included in holiday pay

Date:: 11 June 2019

In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.

Employment law cases

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All items: Working time

Cases on appeal

Supreme Court rules on historic holiday pay claims

Supreme Court rules on holiday pay for part-year workers working variable hours

Holiday pay: Worker wrongly classed as self-employed can claim for unpaid leave

Long-term sick leave: Holiday carry-over limited to four weeks, confirms ECJ

Working time: Threat to dismiss was unlawful detriment

Court of Appeal rules on calculation of holiday pay for term-time, zero hours workers

NHS trust's monitoring of junior doctors' rest breaks is "flawed"

Holiday pay: Northern Ireland Court of Appeal refuses to limit claims for overtime non-payments

Court of Appeal rules that voluntary overtime must be included in holiday pay

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