{"title":"英国脱欧之后的工作时间补救措施:北爱尔兰警察局局长及另一人诉阿格纽等人案","authors":"Lisa Rodgers, Oxana Golynker","doi":"10.1093/indlaw/dwae007","DOIUrl":null,"url":null,"abstract":"On 4 October 2023, the ‘long-anticipated’ judgment in PCC v Agnew was handed down by the Supreme Court. This case concerned claims for holiday pay made by police officers and other civilian staff employed by the Police Service of Northern Ireland (PSNI). The Supreme Court had to decide two main issues. The first was whether police officers could take advantage of the more generous remedy provisions in respect of holiday pay claims in the Employment Rights Order 1996 (ERO) (which largely corresponds to the UK Employment Rights Act 1996) as opposed to the Working Time Regulations. The second issue was the correct interpretation of the ERO provisions. As well as the important practical implications of the case, there are also interesting jurisprudential issues that arise. The case deals with the interpretation of European Union (EU) derived rights in the labour context. This is a sensitive area, given that access to EU interpretive mechanisms usually equates to a more progressive reading of rights, and this fans the flame of UK government scepticism to both the EU and working time rights. This article discusses the particular approach to statutory interpretation taken by the Supreme Court and the implications of this approach for the progressive interpretation of EU-derived employment rights going forward.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"1 1","pages":""},"PeriodicalIF":1.0000,"publicationDate":"2024-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Working Time Remedies Beyond Brexit: Chief Constable of the Police Service of Northern Ireland and Another v Agnew and Others\",\"authors\":\"Lisa Rodgers, Oxana Golynker\",\"doi\":\"10.1093/indlaw/dwae007\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"On 4 October 2023, the ‘long-anticipated’ judgment in PCC v Agnew was handed down by the Supreme Court. This case concerned claims for holiday pay made by police officers and other civilian staff employed by the Police Service of Northern Ireland (PSNI). The Supreme Court had to decide two main issues. The first was whether police officers could take advantage of the more generous remedy provisions in respect of holiday pay claims in the Employment Rights Order 1996 (ERO) (which largely corresponds to the UK Employment Rights Act 1996) as opposed to the Working Time Regulations. The second issue was the correct interpretation of the ERO provisions. As well as the important practical implications of the case, there are also interesting jurisprudential issues that arise. The case deals with the interpretation of European Union (EU) derived rights in the labour context. This is a sensitive area, given that access to EU interpretive mechanisms usually equates to a more progressive reading of rights, and this fans the flame of UK government scepticism to both the EU and working time rights. This article discusses the particular approach to statutory interpretation taken by the Supreme Court and the implications of this approach for the progressive interpretation of EU-derived employment rights going forward.\",\"PeriodicalId\":45482,\"journal\":{\"name\":\"Industrial Law Journal\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2024-05-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Industrial Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/indlaw/dwae007\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"INDUSTRIAL RELATIONS & LABOR\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Industrial Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/indlaw/dwae007","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INDUSTRIAL RELATIONS & LABOR","Score":null,"Total":0}
Working Time Remedies Beyond Brexit: Chief Constable of the Police Service of Northern Ireland and Another v Agnew and Others
On 4 October 2023, the ‘long-anticipated’ judgment in PCC v Agnew was handed down by the Supreme Court. This case concerned claims for holiday pay made by police officers and other civilian staff employed by the Police Service of Northern Ireland (PSNI). The Supreme Court had to decide two main issues. The first was whether police officers could take advantage of the more generous remedy provisions in respect of holiday pay claims in the Employment Rights Order 1996 (ERO) (which largely corresponds to the UK Employment Rights Act 1996) as opposed to the Working Time Regulations. The second issue was the correct interpretation of the ERO provisions. As well as the important practical implications of the case, there are also interesting jurisprudential issues that arise. The case deals with the interpretation of European Union (EU) derived rights in the labour context. This is a sensitive area, given that access to EU interpretive mechanisms usually equates to a more progressive reading of rights, and this fans the flame of UK government scepticism to both the EU and working time rights. This article discusses the particular approach to statutory interpretation taken by the Supreme Court and the implications of this approach for the progressive interpretation of EU-derived employment rights going forward.
期刊介绍:
Industrial Law Journal is established as the leading periodical in its field, providing comment and in-depth analysis on a wide range of topics relating to employment law. It is essential reading for practising lawyers, academics, and lay industrial relations experts to keep abreast of newly enacted legislation and proposals for law reform. In addition Industrial Law Journal carries commentary on relevant government publications and reviews of books relating to labour law.