Implications of the Smith v Pimlico Plumbers Ltd Holiday Pay Case

Posted in : Supplementary Articles NI on 30 March 2021
Ciara Fulton
Jones Cassidy Brett
Issues covered: Working Time and Leave; Holiday Pay; Agnew v PSNI

In the most recent litigation involving Smith v Pimlico Plumbers Ltd [2021] UKEAT 0211/19/1703, the EAT held that where a worker had been permitted to take annual leave but had not been paid for it, they were not permitted to carry over the right to payment for the holiday to future years.

The EAT distinguished the European Court of Justice’s ruling in King v Sash Window Workshop (C-214/16) [2018] ICR 693 on the basis that King established that a worker is entitled to carry over annual leave which is untaken because the employer refuses to remunerate it. It did not apply where the leave was in fact taken.

Facts

Mr Smith worked for Pimlico Plumbers Ltd as a plumbing and heating engineer from

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This article is correct at 30/03/2021
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Ciara Fulton
Jones Cassidy Brett

The main content of this article was provided by Ciara Fulton. Contact telephone number is 028 9064 2290 or email CFulton@jcbsolicitors.co.uk

View all articles by Ciara Fulton