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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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