New Judgment: HMRC (Respondents) v Stringer & Ors (Appellants) [2009] UKHL 31. Appeal allowed.
10 Wednesday Jun 2009
Matrix Legal Support Service News Articles, New Judgments
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Decision on holiday pay claims. A decision was handed down today in long-running litigation in Stringer v HMRC (aka Ainsworth v HMRC), overturning the Court of Appeal decision in [2005] EWCA Civ 441.
The appellant complained that his former employers wrongly made a deduction from his wages. Held: a claim for unpaid holiday under the Working Time Regulations, regs 13, 16 or a payment on termination under reg 14 thereof, could be pursued as unauthorised deduction claims as well as under the Regulations (a claim for unlawful deduction from wages can be brought within three months of the last in a series of deductions, so allowing a claim to go back more than three months if the underpayments form part of a series).
For judgment, please download: [2009] UKHL 31