The Industrial Cases Reports
[2022] ICR 818
Court of Appeal
Smith
v
Pimlico Plumbers Ltd
[2022] EWCA Civ 70
2021 Dec 7, 8;
2022 Feb 1
2022 Feb 1
King, Simler, Elisabeth Laing LJJ
Employment— Working time provisions— Paid annual leave— Claimant working for respondent for several years on basis self-employed— Annual leave taken without remuneration— Claimant presenting claim for payment for annual leave on termination of contract— Claimant held to be “worker” for purposes of working time provisions— Whether denial of payment for leave taken breaching EU right to paid annual leave— Whether entitled to payment in lieu of leave taken but unpaid on termination— Whether claim out of time—
Employment Rights Act 1996 (c 18), s 23
—
Working Time Regulations 1998 (SI 1998/1833), regs 13, 16
—
Parliament and Council Directive 2003/88/EC, art 7