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10 November 2023 / Ian Smith
Issue: 8048 / Categories: Features , Employment
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Employment law brief: 10 November 2023

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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

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