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

146043
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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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