1. SMITH V PIMLICO PLUMBERS LTD [2022] EWCA CIV 70 - LINK
Following the Court of Appeal (“CA”) decision (reported here) that an employer can potentially be liable for historic holiday pay entitlements where a worker has taken leave but not received holiday pay, the CA has released a revised judgment, adding a postscript and an appendix.
The appendix sets out reformulated wording of the Working Time Regulations 1998 (“WTR”), which takes into account the CA’s judgment as to how these should be read in order to be compatible with holiday pay case law under Article 7 of the Working Time Directive, in respect of the basic entitlement to four weeks paid annual leave.
The CA has suggested the following wording to be read into Regulation 13(16) of the WTR:
“Where in any leave year an employer (i) fails to recognise a worker's right to paid annual leave and (ii) cannot show that it provides a facility for the taking of such leave, the worker shall be entitled to carry forward any leave which is taken but unpaid, and/or which is not taken, into subsequent leave years.”
This replaces the previous wording included in the earlier judgment of the Employment Appeal Tribunal (“EAT”), which was suggested to take account of the principles established in King v Sash Window Workshop and another (C-214/16) EU:C:2017:914.. However, the CA held that the EAT had wrongly interpreted King in doing so, and whilst it acknowledged that it had “no power to draft regulations”, it suggested the above...
GB News presenter Alex Armstrong and right-wing social media commentator Bernadette Spofforth have apologised and paid substantial damages to Green Party deputy leader Mothin Ali after falsely sug...