, 8 tweets, 7 min read Read on Twitter
Breaking: Employment Tribunal decision in @PimlicoPlumbers: unlawful deduction of wages admitted, holiday pay claim rejected. Written reasons to be sent to parties, first update here courtesy @jacquimcguigan. Crucial #ukemplaw testcase for #gigeconomy and #precariouswork. 1/7
The key dispute relates to paid annual leave due to workers under the Working Time Regs. @PimlicoPlumbers ‘admitted that the leave [taken by Mr Smith] was unpaid’ 2/7
The problem, however, lies in recent statutory amendments to limitation periods, which drastically limit claimants’ ability to recover – claims need to be brought within three months of the last deduction *and* it’s difficult to establish a series of deduction. 3/7
So even though the claim was brought swiftly after termination, the holiday pay elements appear to be out of time: 4/7
After more than 7 years and an appeal all the way to the Supreme Court (more on which here - ), another appeal looms. 5/7
Will have to wait for detailed reasons to become available – what’s clear already is that the situation is not as clear-cut as suggested in this press release: ow.ly/o6tH30o7kNw 6/7
At first glance, it looks most curious that the Tribunal did not follow the CJEU’s decision in C-214/16 King v Sash Windows, which seems to be very closely analogous – detailed analysis to follow as soon as written reasons have been published. 7/7
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