Tuesday 7th – Wednesday 8th December 2021
The Claimant appeals against the order made by the Employment Appeals Tribunal (Choudhury J) dismissing C’s appeal against the judgment of the Employment Tribunal.
The issues raised are:
-Can C, whose employer declined his worker status and did not provide him with any paid annual leave in breach of the Working Time Regs 1998, and the Working Time Directive, carry over his entitlement for untaken leave and leave which he took but which was not paid until his employment is terminated.
-Did C make a claim for untaken and/or unpaid leave which was due on termination of his employment?
The background is that in 2018 the Supreme Court held that C was a worker and not self-employed.
The ET then dismissed C’s claim for backdated holiday pay on the basis that C had not filed the claim in time. Under the relevant rules C should have made his claim for missed pay within 3 months of each holiday period, dating back to 2005.
C had sought 74,000 pounds for holiday pay between 2005 and 2011.
The ET also dismissed C’s claim for disability discrimination.
The EAT upheld the ET’s decision held that C had not shown that it was not reasonably practicable for him to bring the claim within the three-month time limit.
The EAT held that R did not discriminate against C and he was not entitled to backdated holiday pay.
Smith v Pimlico Plumbers Ltd (WORKING TIME REGULATIONS)  UKEAT 0211_19_1703 (17 March 2021) (bailii.org)