Agnew v Chief Constable of the Police Service of Northern Ireland [2026]
Decision Number: NIIT 112/16 Legal Body: Northern Ireland Industrial Tribunal
Published on: 29/10/2026
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Claimants:
Alexander Agnew & Others Anderson & Others
Respondents:
Chief Constable of the Police Service of Northern Ireland and Police Authority of Northern Ireland
Summary

The Tribunal provided guidance on how the remedy for underpayment of holiday pay would be calculated and that it could go back to November 1996.

This case involves the examination of an historic underpayment of holiday pay on the basis that overtime was not included as part of the calculation and was not in compliance with the Working Time Directive.  Following the decision by the Supreme Court on the claims, the Tribunal has now provided guidance on how remedies can be calculated looking at issues of how far to backdate, whether interest-like compensation can be given, what records are required, and if a particular divisor can be used across the range of claims.

Background

There were two groups of

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Disclaimer 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. This article is correct at 29/10/2026