Smith v Pimlico Plumbers Ltd

Subject Matter

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

UKEAT/211/19; UKEAT/03/20; UKEAT/40/20; [2021] ICR 1194, EAT

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

[2022] EWCA Civ 70; [2022] ICR 818; [2022] 4 All ER 563; [2022] WLR(D) 59, CA

Appellate History