header-logo header-logo

25 March 2022 / Charles Pigott
Issue: 7972 / Categories: Features , Employment
printer mail-detail

Holiday pay: broadening the horizons?

75714
Charles Pigott reports on a Court of Appeal ruling widening the scope for back-dated holiday pay claims
  • As a result of the latest ruling in the Pimlico Plumbers holiday pay dispute, back-dated claims from miscategorised workers will be considerably easier to bring.
  • The decision also has implications for workers with historic claims for underpaid holiday.

Gary Smith’s claim for accrued holiday pay was finally upheld by the Court of Appeal in February 2022 (Smith v Pimlico Plumbers Ltd [2022] EWCA Civ 70, [2022] All ER (D) 11 (Feb)). The claim, valued at over £74,000, equates to four weeks’ holiday entitlement for each year of his engagement as a worker between August 2005 and May 2011.

Background

Mr Smith instituted proceedings in the employment tribunal in 2011, following the termination of his engagement with Pimlico Plumbers. He brought several claims, including for unpaid holiday entitlement, arguing that he was an employee, or alternatively a worker, and not a self-employed contractor as Pimlico Plumbers maintained.

At a preliminary hearing in

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll