header-logo header-logo

17 November 2023 / Charles Pigott
Issue: 8049 / Categories: Features , Employment , EU , Brexit
printer mail-detail

Agnew & retained EU law

146639
How is the EU law thread in Agnew to be applied to the rest of the UK? Charles Pigott reports
  • The Supreme Court has—at long last—clarified the meaning of the phrase “series of deductions” which is used to calculate the time limit for unlawful deductions claims across the whole of the UK.
  • However, the excision of the general principles of EU law from domestic law on 31 December 2023 could mean that other aspects of the ruling have a more limited shelf-life.

There are two distinct threads running through the Supreme Court’s decision in Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, [2023] All ER (D) 14 (Oct). The first—deriving from the general principles of EU law—conferred on police officers in Northern Ireland the same rights to recover historical underpayments of holiday pay as their civilian colleagues. Once this parity had been established by reading additional words into the Working Time Regulations (Northern Ireland) 1998 (SI 1998/386), the Supreme Court turned to purely

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll