In Person For the v Ms H Boynes, solicitor advocate — 2017

The tribunal found that the claimant was first offered a renal passenger driver role by letter dated 16 September 2016, but that offer was withdrawn in writing on 6 October 2016 before acceptance. It held that the parties then entered an oral casual-hours arrangement on 19 October 2016, with no guaranteed hours, pending any renal driving work becoming available. On that basis, the claimant was paid £7.39 per hour until 1 April 2017, when the casual rate rose to £7.54 and the renal-driving rate rose from £7.85 to £8.00.

The tribunal rejected the claimant's case that he had a fixed 32-hour contract from the outset. It found there were no agreed set hours between December 2016 and June 2017, and no written contract headed 'variable hours' was proved to have been sent to him. It also found that sometime after 9 May 2017 and before 22 May 2017 the claimant orally agreed with Liz Sutton that from 5 June 2017 he would work as a renal passenger driver on a minimum of 22.5 hours per week, with additional hours as he was willing to work. The tribunal accepted the consultation note of 15 September 2017 as an accurate record of the claimant saying his contract was 22.5 hours.

On holiday pay, the tribunal found that for the casual period the claimant was paid an additional 10% of the applicable hourly rate as holiday pay rather than taking annual leave, and it treated those payments as credit against any Working Time Regulations liability. For the later period, it found no separate agreed holiday terms and held that entitlement was governed by the WTR. The claimant did not prove that he had been deterred from taking leave, that he was entitled to carry-over on the case he advanced, or that the respondent's later payment of £443.27 failed to correct any outstanding balance. The claims for arrears of pay and holiday pay were therefore dismissed.