30/03/2023

Chief Constable of the Police Service of Northern Ireland and another v Agnew and others. 

The Northern Ireland Court of Appeal has ruled that there won’t be a break in a series of holiday pay claims if there is a gap of three months or more.

Prior to this case, it was known practice that any gap of three months or more in a series of unpaid wages (holiday pay), the series was broken, and no claims could be made for unpaid wages before that break.

In this case, the court ruled that the legislation does not acknowledge any break and therefore claims can be made if the unpaid wages is a series of similar failures to pay. They also confirmed that a correct payment does not break the series either.

As this is a Northern Ireland case, the decision is not binding on English law, but the Supreme Court is considering the case and we await their decision.

The impact of this decision could be costly for employers throughout the country if they have not paid holiday pay correctly. We eagerly await the UK ruling.

For advice on this or any employment law issue, email enquiry@beswicks.com or phone our Stoke-on-Trent solicitors on 01782 205000 or our Altrincham solicitors on 0161 929 8494.

If you are an employer, you can benefit from unlimited employment law and HR advice via phone or email through our low cost Beswicks HR service. Email laura.franklin@beswicks.com to find out more.