Mr J Dickson v The Warden and Scholars of St Mary College of Winchester — 2026

Employment Judge Leverton, sitting alone at Southampton by video, issued a reserved liability-only judgment in this holiday pay case. The Claimant had worked at Winchester College as a visiting music teacher from 1 September 2001, on a self-employed basis until July or August 2021 (Period One) and as an employee from 1 September 2021 until 2 July 2023 (Period Two). The Respondent conceded that during Period One the Claimant did not receive paid annual leave because he was incorrectly classified as self-employed.

The judge held that the Claimant was entitled to statutory holiday pay for group tuition/ensemble work during Period One under reg 14 WTR as interpreted in Sash Window and Pimlico Plumbers, limited to four weeks' annual leave; the Period One claim for individual music tuition was out of time. For Period Two, the Claimant was entitled to holiday pay for both individual and group tuition based on his full 5.6 weeks' entitlement, recoverable as a series of unauthorised deductions under Part 2 ERA 1996. No holiday pay was due for unpaid ancillary duties such as report writing.

A remedies hearing was provisionally listed for 17 April 2026, with the parties indicating that they were likely to settle if the Claimant succeeded in whole or part.