Supreme Court judgment on holiday pay ‘a resounding and emphatic outcome’ for police officers

Solicitors representing almost 4,000 officers hailed it as “a resounding and emphatic outcome” and said the cost to the PSNI “will be substantial”.

Former chief constable Simon Byrne estimated the case could involve payments amounting to as much as £30 million.

The appeal concerned the entitlement of police officers and civilian staff in Northern Ireland to recover sums which their employer should have paid to them as holiday pay when they took paid annual leave.

The Supreme Court said the chief constable of the PSNI and the Northern Ireland Policing Board had “accepted that the respondents were underpaid but dispute the period for which the respondents are entitled to recover”.

An original industrial tribunal ruled in 2018 in favour of a group representing more than 3,700 PSNI officers and civilian staff that they were owed money for a shortfall in holiday pay dating back 20 years.

The Court of Appeal in Northern Ireland upheld that ruling in 2019.

The Police Federation for Northern Ireland (PFNI) said the Supreme Court judgment on holiday pay is “the most significant legal milestone” into securing what is due to thousands of officers.

Belfast solicitors Edwards & Co , which represented the officers in “the long-running holiday pay case”, said the judgment is the final legal hurdle in the case and means the way is now clear for the industrial tribunal in Belfast to decide how much each police officer should receive.

“The PSNI had previously accepted the manner in which they calculated holiday pay was incorrect. This  appeal centred on how far back the claims could reach and the correct method of calculating the underpayments,” the firm said.

Edwards & Co partner and head of employment law, Niall McMullan, who was in London for the judgment, said “This is a resounding and emphatic outcome my clients who were supported by the PFNI.

“The cost to the PSNI will be substantial. The former chief constable estimated the case could involve payments amounting to as much as £30 million.

“Police officers were short-changed when it came to holiday pay and it is now confirmed they are entitled to the same protections and safeguards as other workers.

“This judgment by the Supreme Court is now the end of the line. Claims were initially lodged in the industrial tribunal in Northern Ireland, with the PSNI then appealing the successful outcome in the tribunal to the Court of Appeal.

“This is a complete vindication and means past under-payments will have to be made good and clients compensated for loss of wages when taking annual leave, but that will be for the Industrial Tribunal to adjudicate.”

He added: “Naturally, our clients are delighted by this outcome. They will get what they are entitled to under the law and it confirms that police officers also have the same redress as other workers in Northern Ireland when it comes to calculation of holiday pay.

“The industrial tribunal phase could take some considerable time to process. Clients however will take comfort today from knowing they have been successful once more.”

PFNI chair Liam Kelly said: “The Federation embarked on this group action, firm in the belief that officers were entitled to holiday pay when they availed of periods of annual leave.

“PSNI disagreed, so we had to instruct lawyers to pursue a legal remedy.The unanimous Supreme Court judgment says, in effect, we were vindicated in our core legal arguments.

“It might have been more prudent, and certainly more cost-effective, if the PSNI had accepted our position at first instance and laterally the Court of Appeal judgment in Belfast without taking this case to the Supreme Court.

“This is the end of the road for PSNI legally, their appeal has been resoundingly dismissed so the remedy process can now recommence.”

Mr Kelly added: “There remains the issue of what officers are actually owed, and that will have to be decided via the industrial tribunal.

“Past underpayments will have to be made good and eligible officers compensated for loss of wages when they have availed of annual leave.

“That work will undoubtedly take some time to complete, so officers shouldn’t expect to see what they are owed appearing in their payslips anytime soon.

“This is the most significant legal milestone in what was a seven-year campaign. Our men and women should warmly welcome this judgment. They have been found to have the same entitlements and protections enjoyed by all workers under employment law. At some point in the future, they can look forward to getting what they are rightly owed.”