Smith, barrister and emeritus professor of employment law at the Norwich Law School, UEA, looks at the key points and implications of the landmark case, Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, on the ability to claim unpaid holiday pay for a period into the past. Smith writes: ‘It is suggested that one subsidiary aspect of the decision may indirectly open up such backdating even further.’
Smith also considers caselaw on restraint of trade, but from a specific angle—that where ‘some other aspect of employment (short of a formal restraint clause) acts as an unlawful restraint. This is sometimes referred to as an indirect restraint, on which there is some, but not much, authority’.