The Industrial Cases Reports
[2021] ICR 1194
Employment Appeal Tribunal
Smith
v
Pimlico Plumbers Ltd
UKEAT/211/19
UKEAT/03/20
UKEAT/40/20
2020 Dec 15, 16, 17;
2021 March 17
2021 March 17
Choudhury J (President)
Employment— Working time provisions— Paid annual leave— Claimant working for respondent for 10 years on basis of self-employment— Annual leave taken without remuneration— Claimant presenting claims for payment for leave taken on termination of contract— Claimant held to be “worker” for purposes of working time provisions— Whether claims for payment for unpaid leave carried over— Whether claims out of time— Whether reasonably practicable to bring claims in time— Whether denial of payment for leave taken breach of claimant’s EU right to paid annual leave—
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