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Working Time Remedies Beyond Brexit: Chief Constable of the Police Service of Northern Ireland and Another v Agnew and Others

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posted on 2024-05-09, 10:03 authored by Lisa Rodgers, Oxana GolynkerOxana Golynker

On 4 October 2023, the ‘long-anticipated’ judgment in PCC v Agnew was handed down by the Supreme Court. This case concerned claims for holiday pay made by police officers and other civilian staff employed by the Police Service of Northern Ireland (PSNI). The Supreme Court had to decide two main issues. The first was whether police officers could take advantage of the more generous remedy provisions in respect of holiday pay claims in the Employment Rights Order 1996 (ERO) (which largely corresponds to the UK Employment Rights Act 1996) as opposed to the Working Time Regulations. The second issue was the correct interpretation of the ERO provisions. As well as the important practical implications of the case, there are also interesting jurisprudential issues that arise. The case deals with the interpretation of European Union (EU) derived rights in the labour context. This is a sensitive area, given that access to EU interpretive mechanisms usually equates to a more progressive reading of rights, and this fans the flame of UK government scepticism to both the EU and working time rights. This article discusses the particular approach to statutory interpretation taken by the Supreme Court and the implications of this approach for the progressive interpretation of EU-derived employment rights going forward.

History

Author affiliation

College of Social Sci Arts and Humanities/Leicester Law School

Version

  • VoR (Version of Record)

Published in

Industrial Law Journal

Publisher

Oxford University Press (OUP)

issn

0305-9332

eissn

1464-3669

Copyright date

2024

Available date

2024-05-09

Language

en

Deposited by

Dr Oxana Golynker

Deposit date

2024-05-07

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