Employment Law Key Case: Holiday Pay

Employment law specialist, Dionne Dury reviews the key employment law case – Smith v Pimlico Plumbers, concerning holiday pay and annual leave entitlement.

You are probably familiar with this case on the question of employment status following the Supreme Court decision where Mr Smith was successful in establishing that he was a “worker” for the purposes of the Working Time Regulations. This case however focused on a different question; whether and to what extent Mr Smith was able to claim for annual leave that he had taken but not been paid for during his period of engagement with Pimlico Plumbers. The Court of Appeal ruled that Mr Smith was entitled to be paid for all unpaid leave he took whilst engaged by Pimlico Plumbers.

Takeaways: any employee’s working in the gig economy might have claims for periods of unpaid leave. The backstop introduced in 2015 only allowing workers to claim unauthorised deductions going back two years would also not apply in these circumstances and workers could claim the EU requirement to leave (of 4 weeks) where they have requested but been prevented from taking leave.

Affected by this case?

Contact Hatch Brenner Solicitors Employment Law Specialist, Dionne Dury to discuss all your employment matters on 01603 214 220 or email dionnedury@hatchbrenner.co.uk.

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