In Person v Mr. Lincoln Bhebe, Director — 2020

The claimant worked as a support worker for Rockford’s 24/7 Limited from 12 February 2019 until 14 March 2021. Her contract provided for a three-day rota with two overnight sleep-ins, with pay stated as £9 per hour and £40 per sleep-in. The tribunal recorded that the claimant’s complaint was a shortfall in holiday pay/unlawful deductions at termination, based on the respondent’s failure to pay her for seven sleep-ins.

The tribunal found that sleep-ins formed part of the claimant’s usual remuneration and holiday pay. It relied on the contract terms, the expected rota pattern, and the evidence that the claimant had been paid sleep-in payments when on annual leave, including on the October 2020 payslip. The tribunal also noted that there was no evidence that the claimant had been told she was not to receive sleep-in payments as part of her holiday pay.

On that basis, the tribunal concluded that the claimant was entitled to outstanding holiday pay at termination including seven sleep-ins and that the respondent had not paid it. It awarded £280 gross, being £40 for each of the seven unpaid sleep-ins. The tribunal rejected the additional sums claimed for postage and for loss of earnings to attend the hearing, and no preparation time order was made.