Somerville v Medical Practitioners Tribunal Service (Working Time Regulations): EAT 5 May 2021

The Employment Tribunal correctly held that the Claimant’s claim under Regulation 16, Working Time Regulations 1998 (‘WTR’) was presented out of time, as the time for doing so ran from the date when he contended payment ought to have been made (5 March 2018); and it was accepted that if this was the correct date, then the claim was not brought in time.
In Smith v Pimlico Plumbers Limited UKEAT/0211/19/DA the Employment Appeal Tribunal held that the CJEU’s decision in King v Sash Window Workshop [2018] ICR 693 concerned leave that was not taken because of the employer’s failure to remunerate such leave and did not extend carry-over rights in respect of leave that was taken. Furthermore, the Claimant had been clear that he was only making a claim under Regulation 16. He had not brought a Regulation 14 WTR claim for payment on termination in lieu of accrued entitlements. Accordingly, the CJEU’s decision in King did not support his contention that the time for presenting his claim ran from when the relationship terminated.
[2021] UKEAT 0257 – 20 – 0505
Bailii
England and Wales

Updated: 29 June 2021; Ref: scu.663126