Working time, holiday, sickness
Our employment barristers are adept at handling working time issues and challenges around taking time off work.
Statutory holiday is the 5.6 weeks’ holiday that workers are entitled to under the Working Time Regulations 1998.
Problematic areas include the rights of workers to paid holiday whilst absent on maternity or sick leave for example, and whether any entitlement to leave can be carried over in to the next leave year. There have also been several important cases that have changed the way employers should calculate statutory holiday pay for some workers, particularly those who are on commission based pay or who would otherwise be entitled to work overtime during the period leave is taken. It is likely that many people are still being underpaid for their holidays by their employers and may have a claim for arrears of pay.
As well as workers having an entitlement to seek compensation for any failure to ensure that they receive the correct daily and weekly rest breaks, employers failing to comply with the requirements of the 1998 Regulations could face a criminal conviction if successful enforcement action is taken against them by the Health & Safety Executive (or other relevant statutory enforcement agencies).
The 3PB team represents both employers and employees in these issues providing a commercially-focused and high quality service.
Our Employment and discrimination Barristers...
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In the latest edition of our employment law newsletter, edited by Daniel Brown, we are delighted to announce the launch of our new chambers in Manchester. We feature more team news including about Mathew Gullick KC, Joseph England and Alex Leonhardt. Our employment law conference programme is confirmed and bookings are now open. Analysis is provided by Daniel Brown, Joseph England, Robin Pickard, Jo Laxton and Emma Greening on the following cases:
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- Raison v DF Capital Bank Limited & Others [EA 2024 000292]
- Hendy Group Ltd v Daniel Kennedy [2024] EAT 106
- Willis v 1) GWB Harthills LLP 2) Hester Russell 3) Elizabeth Lord [2025] EAT 79
- Alistair Dobbie v Paula Felton T/A Feltons Solicitors [2025] EAT 71
- Stedman v Haven Leisure [2025] EAT 82 -
Karen Moss, Head of 3PB's Employment and Discrimination Group, spoke on the panel at Birmingham Law Society’s Question Time event, hosted by No.5 Chambers. The event was targeted at all employment professionals including employment lawyers and those in HR. It dived into the details surrounding the Employment Rights Bill 2024 and its potential implications. The panellists spoke about different aspects of the proposed Bill. Karen focussed on the far-reaching proposals regarding Zero Hours and Low...
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In Raison v DF Capital Bank Limited & Others [EA 2024 000292] Joseph England (pictured here) was successful before the EAT in having the appeal dismissed. The EAT agreed with Joseph’s argument that time spent in ACAS EC prior to limitation starting is not added on to the end of the limitation period. The appeal arose in the context of the Claimant having issued a claim for unfair dismissal due to having allegedly raised a...
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3PB Barristers (3 Paper Buildings) are delighted to announce that the Senior President of Tribunals has appointed Mathew Gullick KC as a judge of the Employment Appeal Tribunal (EAT) for the second time. Mathew previously served as a judge of the EAT from 2018-2024, during his fixed-term appointment as a Deputy High Court Judge. This further appointment is again on a fee-paid (part-time) basis. Mathew will continue to maintain his busy practice at 3PB. Karen...
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Welcome to the latest edition of our employment law team’s newsletter, edited by Ben Amunwa - in which we proudly announce our upcoming Inaugural Employment Law Conference in Birmingham on 16 October 2025.
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While our analysis section features a note from Ben Amunwa exploring ‘When the withdrawal of a claim takes effect', our contributors this month also include Simon Tibbitts, Matthew Curtis, Gareth Graham and Daniel Brown on the following cases:
- Handa v The Station Hotel (Newcastle) Ltd & Ors [2025] EAT 62
- Melki v Bouygues E and S Contracting UK Ltd [2025] EWCA Civ 585
- XY v AB [2025] EAT 66
- Woodhead v WTTV Ltd & Anor | [2025] EWHC 1128 (KB) -
Head of 3PB's Employment and Discrimination Law Group Karen Moss (pictured here) has successfully acted in the following high-profile cases: In Selivanov v Reckitt Benckiser Corporate Services Limited KB-2025-001253, Karen successfully sought an interim injunction preventing the summary dismissal of an employee accused of gross misconduct, in circumstances where his immigration status would have been imperilled if he had been summarily dismissed. The Applicant would be eligible to apply for indefinite leave to remain from August 2025,...
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Employment law specialist Alex Leonhardt (pictured here) appeared in the Employment Appeal Tribunal this spring in Kokomane v Boots [2025] EAT 38, the judgment of which has recently been published. Alex represented the Respondent at both the final hearing and at appeal. The case concerned the proper interpretation of s.27(2) of the Equality Act 2010 in order to determine whether statements made were protected acts, in circumstances where there was not evidence of a clear...
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Welcome to our employment law team’s April newsletter, edited by Alex Leonhardt. This month’s newsletter features analysis from Alex, Katherine Anderson, Mark Green and Michael Smith on the following cases:
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- For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16
- Mr A E Madu v Loughborough College [2025] EAT 52
- F v J [2025] EAT 34
- And Barbosa Dethling v The Metropolitan Police Service [2025] EAT 58 -
Welcome to our employment law team’s March newsletter, edited by Joseph England, featuring analysis from Joseph, Gareth Graham, Colin McDevitt and Matthew Curtis on the following cases:
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- Kau Media Group Ltd v Hart [2025] EWHC 553 (KB)
- Gourlay v West Dunbartonshire Council [2025] EAT 29
- W v Highways England and others, 18th February 2025, [2025] EAT 18, Lord Fairley
- Kostrova v McDermott International INC and CB&I UK Ltd, 13th March 2025, [2025] EAT 35, Lord Fairley
- Kamphues v Venator Materials UK Ltd, 19th March 2025, [2025] EAT 30, HHJ Tayler
- Kinch v Compassion in World Farming International, 26th March 2025, [2025] EAT 41, Lord Fairley
- Impact Recruitment Services Ltd v Korpysa [2025] EAT 22 -
Welcome to our February Employment Law newsletter, edited by Michael Smith, featuring analysis from Michael, Daniel Brown, Jo Laxton, Naomi Webber and Alex Leonhardt on the following cases:
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- Jones v SoS for Health and Social Care [2024] EWCA Civ 1568
- Douglas v North Lanarkshire [2024] EAT 194
- Higgs v Farmor’s School [2025] EWCA Civ 109
- Eddie Stobbart Limited v Graham [2025] EAT 14 -
Welcome to 3PB’s January 2025 Employment and Discrimination Law newsletter. Grace Nicholls is this month’s editor, and case analysis and legal tips were prepared by Grace, Katherine Anderson, Daniel Brown, Jo Laxton and Emma Greening on the following cases:
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- Abel Estate Agent Limited and ors v Reynolds [2025] EAT 6
- HSBC Bank PLC v Chevalier-Firescu [2024] EWCA Civ 1550
- Kaler v Insights ESC Ltd [2024] EAT 195
- Walsall Metropolitan Borough Council v Christine Oliver [2024] EAT 193 -
3PB’s Robin Pickard is being led by Karon Monaghan KC in an appeal being heard by the Court of Appeal tomorrow, 28 January 2025 in the case of Moustache v Chelsea and Westminster Hospital NHS Foundation Trust. The appeal raises points of law of public importance as to the Employment Tribunal’s need to clarify the claims of unrepresented parties and the status of lists of issues. The decision is likely to have important implications for...
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In-Person
3PB Employment Law Conference 2025
Date: Thursday 16th Oct 2025 Time: 10:30 am - 5:15 pm Venue: 3PB Birmingham - Colmore Building, Colmore Circus, Birmingham, B4 6AT Join 3PB’s employment and discrimination group for employment talks and interactive sessions. Our team of barristers will share the topics and issues that they are increasingly encountering in the ET and offer some practical tips and insight to help you to navigate the tribunal more effectively. Topics Opening Remarks with Mathew Gullick KC Navigating Neurodiversity and Stress Neuro-atypicality, mental health and stress in employment disputes - tips on how to navigate the issues that can present…
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