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Khan v Martin McColl - time limits in holiday sick pay cases

Notes from DWF LLP on this potentially significant employment tribunal case.

The House of Lords 2009 ruling in Ainsworth & ors v Commissioners of Inland Revenue confirmed that an employee who has not received holiday pay in respect of periods of sickness absence can bring his claim as one for unlawful deductions from wages rather than as a claim under the Working Time Regulations. This has time limit advantages for the employee.

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