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10 November 2023 / Ian Smith
Issue: 8048 / Categories: Features , Employment
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Employment law brief: 10 November 2023

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Ian Smith unpacks Agnew…the long awaited decision of the Supreme Court claiming unpaid holiday pay from yesteryears
  • Holiday pay; meaning of a ‘series’ of deductions.
  • Bonus claw back clause not an unlawful restraint.
  • An odd form of restraint on an employee.

The main development in the last month has been the awaited decision of the Supreme Court in Agnew’s case on the ability to claim unpaid holiday pay for a period into the past, as part of a ‘series’ of such failures. It is suggested that one subsidiary aspect of the decision may indirectly open up such backdating even further. The other two cases considered here concern some fundamental issues in the law of restraint of trade in the employment context.

Meaning of a ‘series’ of deductions

Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, [2023] All ER (D) 14 (Oct) is the awaited decision of the Supreme Court (given jointly by Lord Kitchin and Lady Rose) on appeal from the Court of Appeal in Northern Ireland (NICA), which had disapproved the

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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

NEWS

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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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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