The Stringer case: Much ado about nothing?

  • The eagerly anticipated House of Lords decision on the Stringer v HMRC case was made on 10 June
  • It did not produce the outcome most employment lawyers and HR professionals were expecting
  • HMRC decided not to continue to pursue the case in relation to the accrual of sick pay during sick leave
  • Many of the complex questions still remain unanswered

The long-awaited House of Lords decision on the Stringer v HMRC case was issued on 10 June 2009. However the judgment did not deliver the expected outcome on long-term sickness and statutory annual leave. Instead of a decision on the points remitted by the ECJ on sick leave and holidays, the House of Lords decision was on one specific issue that the Ainsworth claim had raised – does the failure to pay statutory holiday pay constitute a deduction from wages?

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