Historic Holiday Pay Claims: Supreme Court Decision in Agnew
Published on: 05/10/2023
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Article Authors The main content of this article was provided by the following authors.
Ciara Fulton Partner & Head of Office, Lewis Silkin (NI) LLP
Ciara Fulton Partner & Head of Office, Lewis Silkin (NI) LLP
Ciara fulton 2021
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Ciara Fulton is partner and Head of Lewis Silkin (NI) LLP.

Ciara is dual qualified and advises on all aspects of employment law in Northern Ireland and the Republic of Ireland. She has significant experience of advising clients on the full range of employment issues including complex discrimination issues, bullying and harassment claims, disciplinary and grievance matters, business reorganisations, senior executive severances, restrictive covenants, employment related litigation and TUPE.

Ciara’s approach is to partner with clients providing practical, commercial advice to resolve HR issues whether contentious or non-contentious. Ciara works with a variety of sectors with particular experience in the construction and infrastructure sector.

Ciara regularly speaks on a range of employment issues at internal and external events and delivers bespoke training to clients on the differences between NI and ROI employment law. Ciara is a member of the Employment Lawyers Group and the NI Representative for the Employment Lawyers Association. Ciara is also a legally qualified member of the Appeals Tribunals NI.

The Supreme Court has released its long-anticipated decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew. ⚓︎

It is now clear that a gap of three months between underpayments of holiday pay does not automatically break the chain of a series of deductions. If these are factually linked, the net can be cast much further back. ⚓︎

The Supreme Court has held that police officers and other employees of the Police Service of Northern Ireland are entitled to bring a claim for a series of underpaid holiday entitlement (their holiday pay had not included overtime and certain allowances). The Supreme Court has also held that a gap of three months between underpayments

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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 05/10/2023