In person For the v Ms Brazier (HR director) — 2023

At the final merits hearing on 5 September 2023 before Employment Judge Perry sitting alone, the respondent had not lodged a response in time. Ms Brazier attended for the respondent and the claimant appeared in person. After the issues were clarified, all complaints other than one were withdrawn, leaving only the claim concerning two bank holidays worked while the claimant was on a call-out rota and whether he was entitled to two days in lieu.

The tribunal referred to clause 14 of the claimant’s contract, which provided that public holidays may be substituted by or with the employer’s agreement. It also considered correspondence ending in an email of 22 September 2022. On the tribunal’s reading, the respondent accepted in principle that where the claimant was called out on bank holidays he was entitled to day(s) in lieu, and accepted that he was entitled to two days in lieu. The tribunal found there was therefore the agreement required by clause 14. It added that, even if that was wrong, the claimant should have been permitted to take two alternative days in lieu as rest.

Because the claimant was not permitted to take those additional two days as leave, the tribunal held that the respondent had failed to compensate him for the accrued leave entitlement at the termination of employment. The award was £216 gross, calculated on an hourly rate of £13.50 and an eight-hour day for two days.