0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

no appeal in holiday pay cases

27 November 2014

As we reported earlier this month, the EAT confirmed that holiday pay calculations should include a sum of money reflecting normal non-guaranteed overtime.

The slightly more surprising element of the judgment was that claims for back pay would be out of time if there has been a break of more than three months between successive underpayments. It had previously been thought that claims for back pay could go back as far as 1998 when the working time regulations were introduced.

Permission to appeal was granted and a number of commentators expected that UNITE would appeal the decision to limit claims to three months. However, according to WSB, employers can breathe a sigh of relief as UNITE have confirmed they will not be appealing the decision. It may not be the end of the road though as there are rumours that claimant solicitors are considering bringing claims in the civil courts where the limitation period is six years.

related opinions

A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease

The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.

View blog

Supreme Court confirms the standard of proof for suicide AND unlawful killing conclusions is the balance of probabilities. What does this mean for NHS organisations?

The Supreme Court has today delivered its judgment on the case of R (on the application of Maughan) v HM Senior Coroner for Oxfordshire. This decision has serious implications for NHS organisations, which are considered in more detail below.

View blog

Decision making and consent

The GMC updated guidance on 'Decision making and consent' comes into effect today, on 9 November 2020, replacing the previous guidance.

View blog

TC (Urgent Medical Treatment) [2020] – authorising long term coercive treatment

The decision in TC (Urgent Medical Treatment) [2020] concerned a 69-year-old woman with advanced cancer of the larynx. An urgent application was brought on behalf of the trust to authorise a 6-8-week course of chemo-radiotherapy requiring restraint.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up