Alexander Agnew and others v Chief Constable of the PSNI; David Brian Anderson and others v Police Authority for Northern Ireland [2018]

Posted In: Case Law
  • Case Reference
    CASE REFS: 112/16 & others
  • Legal Body
    Northern Ireland Industrial Tribunal (NIIT)
  • Type of Claim / Jurisdiction
    Working Time, Pay
Issues covered: Holiday Pay; Unlawful Deductions; Working Time; Voluntary and Non-guaranteed Overtime; Rejection of Bear Scotland; Interpretation of ‘Series’

The claimants included police constables and sergeants in the PSNI as well as civilian employees of the Police Authority. It was argued that overtime payments and other allowances were not included in the calculation of normal pay for the purposes of holiday pay entitlement.

The tribunal made clear that overtime payments and allowances should have been included, on some basis, within the calculation of holiday pay. By not doing so, a clear entitlement under the Working Time Directive had been ignored and avoided for a significant period of time. It also decided that there could be ‘no rational argument’ for saying that voluntary and non-guaranteed overtime should be excluded from holiday

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This article is correct at 15/11/2018

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John Taggart BL

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