The well-known plumbing firm, Pimlico Plumbers, lost its case on back-dated holiday claims, in the Court of Appeal. In this week’s NLJ, Charles Pigott, professional support lawyer, Mills & Reeve, writes that back-dated holiday pay claims from miscategorised workers will now be considerably easier to bring.
The decision also has implications for workers with historic claims for underpaid holidays.
In the case, Gary Smith’s £74,000 claim for accrued holiday pay, equating to four weeks each year for nearly six years, was upheld.
Pigott writes: ‘This latest ruling has clarified the rights of miscategorised workers in Mr Smith’s position but has also left a number of unanswered questions.’ These include, for example, the three-month gap rule, remedies available, and where to draw the line between unpaid and underpaid leave.
