Chief Constable of the PSNI & Northern Ireland Policing Board v Agnew & Others [2019]

Posted In: Case Law
  • Decision Number
    NICA 32
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
    Working Time, Policies and Procedures, Pay
Issues covered: Unlawful Deduction from Wages; Holiday Pay; Series of Deductions

This case centred upon the calculation of holiday pay to police officers and civilians working for the PSNI.  Holiday pay was calculated based upon the basic salary of officers rather than taking their overtime into account.  The Chief Constable conceded that overtime should have been taken into account in accordance with the Working Time Regulations (Northern Ireland) 1998.  The Court of Appeal had to decide, inter alia, the following issues:

(a)  Whether a series of unlawful deductions allows for a claim back to November 1998 (when the Working Time Regulations were brought into effect) or a three-month limit should be imposed?

(b)  In calculating the daily rate

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This article is correct at 25/06/2019

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Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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