Clarification on Holiday Pay Deductions Claims
The landmark Northern Ireland Supreme Court case, Chief Constable of Police Service of Northern Ireland v. Agnew, (2019) highlights that a 'series' of deductions is not automatically ended by a gap of three months or a correct payment being made.
Instead, the determination of a series of deductions must be based on a thorough examination of the facts and circumstances, to avoid arbitrary and unfair results.
The court emphasized the need to consider various factors, including similarities and differences, frequency, size, impact, and the manner in which payments were made. Despite being a decision based on the Northern Irish equivalent of the Working Time Regulations, the implications extend to England and Wales. However, it's crucial to note that regulations in Great Britain currently limit back payments to two years.