Cases on appeal provides news on key case law developments that are expected.
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.
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.
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.
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.
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.
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.
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.
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.
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: HR and legal information and guidance relating to working time.
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