Police officers and staff ‘vindicated’ by Supreme Court ruling over holiday pay

By Jonathan McCambridge (PA)

Police officers and staff in Northern Ireland involved in a long-running holiday pay claim said they have been vindicated following a Supreme Court judgment.

An appeal by the Police Service of Northern Ireland (PSNI) against a ruling over the backdating of revised holiday pay rates for police staff was dismissed on Wednesday.

A lawyer representing almost 4,000 police officers said the financial cost to the PSNI would be substantial.

Rule changes introduced a number of years ago mean regular overtime worked by civil servants, and other additional payments accrued on top of their basic salary, should be factored in when setting their holiday pay rate.

A cap limiting the retrospective claim-back period in the rest of the UK was not replicated by previous Stormont administrations.

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.

Lawyers have previously estimated the judgment could cost the police £40 million, and potentially pave the way for similar back payment claims worth hundreds of millions of pounds across the public and private sector in Northern Ireland.

Former PSNI chief constable Simon Byrne appealed against the case to the Supreme Court.

The PSNI had accepted the claimants were underpaid and the appeal centred on how far back the claims could reach and the correct method of calculating the underpayments.

But delivering a ruling on Wednesday, Supreme Court judge Lady Rose dismissed the appeal.

She said: “The industrial tribunal held that all of the claimants could rely on the series extension and most, if not all the payments they received, were in a series for that purpose.

“That meant they could claim back over a number of years and not just over the most recent three months.

“The employers unsuccessfully appealed to the Court of Appeal.

“The employers now appeal to the Supreme Court and the Supreme Court unanimously dismisses that appeal.”

Trade union Unison, which led the case on behalf of the police staff in the Supreme Court, said the judgment could affect workers across the UK.

Head of legal at the union Shantha David said: “The previous interpretation meant workers couldn’t get compensation where a series of similar underpayments had happened three or more months apart.

“The Supreme Court understood here that this could allow some employers to game the system by spacing out holiday payments over more than three months.

“For years, many workers have been denied unfairly the chance to have their legitimate claims heard.

“This judgment ensures they’ll get all the wages they’re rightfully owed.”

Niall McMullan, head of employment law at legal firm Edwards & Co, said it was a “resounding and emphatic outcome” for his clients.

He said: “The cost to the PSNI will be substantial.

“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.”

Mr McMullan said it will now be for the industrial tribunal to decide how much each officer or staff member should receive.

He added: “This judgment by the Supreme Court is now the end of the line.

“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.

The PSNI has been contacted for comment.