Implications of the Smith v Pimlico Plumbers Ltd Holiday Pay CasePosted in : Supplementary Articles NI on 30 March 2021
In the most recent litigation involving Smith v Pimlico Plumbers Ltd  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)  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.
Mr Smith worked for Pimlico Plumbers Ltd as a plumbing and heating engineer from
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Working Time & Leave
- Reinventing the Workplace: Considerations for Blended Working
- Leave Entitlements And The Rights To Time Off
- Perkins v The Best Connection Group Ltd 
- In the case of a student who carries out hourly-paid work during school vacations would their holidays accrue during the unpaid absences from work?
- Is an employee with two contracts (full-time and casual) with the same employer entitled to holidays under both contracts?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.