Case 1406042/2023 · Employment Tribunal
Mr J Dickson v The Warden and Scholars of St Mary College of Winchester — 2026
- Case reference
- 1406042/2023
- Decision date
- 30 March 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leverton
Parties
2 namedKey findings
Tribunal's reasoningEmployment 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.
Claims and outcomes
2 claims adjudicated| Claim type | Outcome | Protected characteristic | Award |
|---|---|---|---|
| Holiday pay | Upheld | — | — |
| Working time regulations | Upheld | — | — |
Legal tests applied
5 referencesSource document
Primary recordThe full judgment is available on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.