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Chief Constable of The Police Service of Northern Ireland & The Northern Ireland Policing Board v Agnew & Others [2019] NICA 32 (17 June 2019)

The Court of Appeal in Belfast recently upheld in part a decision
by the Industrial Tribunals
(2 November 2018) that 3,700 Police Officers and support staff are entitled to holiday pay on the basis of the actual hours worked including overtime rather than their basic contracted hours.  

The PSNI had sought to restrict payments to the period of three months preceding the application to the Industrial Tribunals, thus limiting their pay-out to approximately £300,000. 

The Court of Appeal upheld the decision of the Industrial Tribunals that claims be backdated to 1998.   

In addition, the Appeal judges determined that entitlement to holiday pay should be on the basis of actual days worked rather than on a divisor of 365 days.

In real terms, it is estimated that this judgement will increase the bill to the public purse by approximately one third to a potential pay-out of over £40m.

By Paul Sullivan FRSA

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