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Interruption of "series" of unlawful wage deductions - Chief Constable of Northern Ireland v Agnew [CA (NI)] 17.06.19 (Unreported)

The Northern Ireland Court of Appeal found that a "series" of unlawful deductions from wages would not be interrupted by gaps of more than three months where the series of deductions related to holiday pay. It also found that police officers were not "workers" under the Employment Rights (Northern Ireland) Order 1996 art.3(3) and could therefore not claim for a series of unlawful deductions. However, the EU principle of equivalence applied, so that the Working Time Regulations 1998 reg.30(2)(a) and the Working Time Regulations (Northern Ireland) 2016 reg.43(2)(a) should be construed as allowing claims for underpayments for holiday pay that were part of a series of underpayments.
Category: Employment » Employment status; Remuneration. Area(s) of law: Employment.
Source: [2019] NICA 32.

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