11KBW Employment Podcast
Agnew: The Supreme Court on Holiday Pay
Oct 18, 2023
In this engaging discussion, Sean Jones KC, an expert in employment law, dives into the landmark Supreme Court case Chief Constable of Northern Ireland v Agnew. He shares a historical timeline of holiday pay laws, tracing developments from 1938 to the present. Topics include the challenges of calculating holiday pay, the inclusion of overtime, and the legal interpretations impacting employees' rights. With a mix of humor and insight, Sean navigates the complexities of payoff deductions and current struggles in the workplace, making legal jargon accessible.
37:07
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Quick takeaways
- The podcast highlights the historical evolution of holiday pay legislation in the UK, emphasizing the complexities arising from varying regulations and landmark rulings.
- The Supreme Court's Agnew case clarified that a three-month gap in unlawful deductions does not interrupt a series of holiday pay claims.
Deep dives
Historical Context of Holiday Pay Legislation
The evolution of holiday pay legislation in the UK traces back to the Holidays with Pay Act of 1938, which initially entitled only a small subset of workers to paid annual leave. The repeal of this act in 1975 left holiday pay largely dependent on employment contracts, until the introduction of the Working Time Directive in 1993. This directive mandated four weeks of paid annual leave for workers, leading to the implementation of the Working Time Regulations in 1998 under the New Labour government. Notably, this legislation gave rise to significant complexities regarding how holiday pay should be calculated, especially concerning overtime payments.
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