Mr G Smith v Pimlico Plumbers Case
Mr G Smith v Pimlico Plumbers Case Numbers UKEAT/0211/19/DA UKEAT/0003/20/DA, UKEATPA/0090/20/DA
15 April 2021
The Holiday Pay appeal was heard at the Employment Appeal Tribunal on 15-17 December 2020 before The Honourable Mr Justice Choudhury (President). Appeal was dismissed on 17 March 2021. The EAT’s judgment contains a detailed analysis of the CJEU’s decision in King v Sash Window Workshop and its impact on claims for holiday pay, as well as the application of domestic time limits. Permission to appeal to the Court of Appeal has been granted to Gary Smith.
See EAT Holiday Pay Judgment here:
19 June 2020
Hearing: 19 May 2020 (postponed) time estimate 2.5 days. Awaiting new date.
TMP is representing Mr G Smith. This appeal challenges the employment tribunal’s decision to reject Mr Smith’s claim for holiday pay on grounds it was brought too late. It involves and exploration as to limb(b) workers entitlement to paid leave per EU and UK law.
It also considers an appeal against the decision to dismiss his disability discrimination claim on grounds he was not dismissed. This appeal contains an important challenge to s39(7)(b) Equality Act 2010 which is the first challenge of its kind.