Adam Bernstein warns that businesses, especially small ones and ones where some staff are not directly employed, must take care when handling issues around annual leave, to avoid leaving themselves open to claims
Over the last few years, the landscape regarding workers’ annual leave has been in a state of constant flux. A number of cases have been brought against employers and the most recent, at the start of February 2022 in the Court of Appeal, is yet another. This particular case decided the thorny issue of employment status and the ruling is likely to have employers paying attention – especially those where not everyone ‘working’ for a company is classed by a company as an employee.
In simple terms, Smith v Pimlico Plumbers dealt with two questions – whether an individual who successfully argued that he was a worker rather than self-employed could claim for outstanding holiday pay when he took leave but was not paid for it; and if so, how far back could he claim outstanding holiday pay for. This judgment, says Suzanne Wrench, an associate solicitor at ESP Law, could cause employers a headache – especially those that use subcontractors.
[…]By subscribing you will benefit from:
- Operator & Supplier Profiles
- Face-to-Face Interviews
- Lastest News
- Test Drives and Reviews
- Legal Updates
- Route Focus
- Industry Insider Opinions
- Passenger Perspective
- Vehicle Launches
- and much more!
