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Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)
Published on: 12 April 2021
Published by: LexisPSL
  • Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Appendix to the EAT’s judgment
  • Case details

Article summary

Employment analysis: The decision of the CJEU in King v Sash Window Workshop (allowing holiday which could not be taken for a reason beyond the worker’s control to be carried forward for the purpose of a holiday pay claim) does not have the effect of allowing holiday which was taken, but was not paid for, to be carried forward in the same way. A claim for pay in respect of holiday that has been taken but was unpaid must be brought within three months of the date on which the payment should have been made under (a) regulation 30 of the Working Time Regulations 1998, or (b) section 23 of the ERA 1996, according to the EAT. or take a trial to read the full analysis.

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