Mr M King v Swissport GB Limited — 2021

The tribunal found that the claimant had received all pay due in respect of the 40 hours of holiday allocated during furlough in October 2020. It accepted the respondent's evidence that the £751.01 furlough payment included 80% pay for those holiday hours and that the separate £34.39 holiday pay entry represented the remaining 20%, bringing the holiday hours up to 100% in accordance with the contractual terms as varied by collective agreement. The tribunal also found that the collective agreement had been incorporated into the claimant's contract.

On the overtime complaint, the tribunal accepted the respondent's evidence that the overtime rules had changed over time and that overtime only became payable once the claimant exceeded 150 hours in the relevant four-week period. The claimant accepted that he had not worked more than 150 hours in that period. The tribunal therefore found that overtime was not payable and that there had been no unauthorised deduction from wages. The claim was dismissed in full.