header-logo header-logo

10 November 2023 / Ian Smith
Issue: 8048 / Categories: Features , Employment
printer mail-detail

Employment law brief: 10 November 2023

146043
Ian Smith unpacks Agnew…the long awaited decision of the Supreme Court claiming unpaid holiday pay from yesteryears
  • Holiday pay; meaning of a ‘series’ of deductions.
  • Bonus claw back clause not an unlawful restraint.
  • An odd form of restraint on an employee.

The main development in the last month has been the awaited decision of the Supreme Court in Agnew’s case on the ability to claim unpaid holiday pay for a period into the past, as part of a ‘series’ of such failures. It is suggested that one subsidiary aspect of the decision may indirectly open up such backdating even further. The other two cases considered here concern some fundamental issues in the law of restraint of trade in the employment context.

Meaning of a ‘series’ of deductions

Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, [2023] All ER (D) 14 (Oct) is the awaited decision of the Supreme Court (given jointly by Lord Kitchin and Lady Rose) on appeal from the Court

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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
back-to-top-scroll