New Year, New Guidance on Holiday Pay? UK Supreme Court’s decision in PSNI v Agnew and others eagerly awaited
The much debated holiday pay case of Agnew has finally been heard by the Supreme Court, with a decision expected to follow in early 2023.
While the Court of Appeal's decision in this case only applies in Northern Ireland at present (the current precedent in England and Wales being the case of Bear Scotland, which itself is largely rendered as limited impact due to the GB statutory back-stop), any decision of the Supreme Court will be binding across the UK.
Although it is hoped this judgement will bring some much needed clarity to the complex issue of holiday pay calculation, it is difficult to see how it can, given the fact specific nature of the claim combined with the huge potential cost of remedy.
In this briefing, we take a look at the main employment law developments that may arise from this decision and what employers should be doing in light of this.
For further information in relation to this topic, please contact Gareth Walls or any member of ALG's Employment Law Group in Belfast.
Date published: 1 February 2023