Leave to appeal AND Cross-Appeal Northern Ireland Court of Appeal to Supreme Court in ‘Unpaid Holiday Leave’ case

In June 2019 our Employment Department secured a landmark result at the Court of Appeal, having successfully challenged an appeal against an important Employment Tribunal decision which held that unlawful deductions from holiday pay entitlements are in breach of fundamental rights protected under EU Law. The initial decision, estimated to result in a total award of £30million, was affirmed.


Earlier this week the Supreme Court notified us that an application for

  • Leave to appeal the decision of the Court of Appeal has been granted to the Chief Constable;


  • Leave of the Supreme Court has been granted to the Agnew cross-appeal. This cross-appeal argues that police officers are workers within the meaning of the Employment Rights (NI) Order 1996, and therefore, can avail of the right to claim for unlawful deduction of wages as to shortages in holiday pay.

We now await a date for this hearing. Further details will be posted on our website when known.