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17 November 2023 / Charles Pigott
Issue: 8049 / Categories: Features , Employment , EU , Brexit
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Agnew & retained EU law

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How is the EU law thread in Agnew to be applied to the rest of the UK? Charles Pigott reports
  • The Supreme Court has—at long last—clarified the meaning of the phrase “series of deductions” which is used to calculate the time limit for unlawful deductions claims across the whole of the UK.
  • However, the excision of the general principles of EU law from domestic law on 31 December 2023 could mean that other aspects of the ruling have a more limited shelf-life.

There are two distinct threads running through the Supreme Court’s decision in Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, [2023] All ER (D) 14 (Oct). The first—deriving from the general principles of EU law—conferred on police officers in Northern Ireland the same rights to recover historical underpayments of holiday pay as their civilian colleagues. Once this parity had been established by reading additional words into the Working Time Regulations (Northern Ireland) 1998 (SI 1998/386), the Supreme Court turned to purely domestic principles of statutory interpretation to establish the meaning

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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