Mr M Bashir v 168 Security Limited (t/a Sword Security) Heard: by video — 2021

The hearing was by video on 5 October 2021 before Employment Judge S Jenkins. The claimant disconnected part-way through the hearing after saying he could not hear and did not have written documents or payslips, and the tribunal exercised Rule 47 to continue in his absence. The only issue was whether he was owed payment for accrued but untaken holiday at the end of his casual employment as a security guard.

The tribunal accepted Mr Hendy's evidence that the respondent used a standard contract which expressly provided for rolled-up holiday pay at 12.07% in addition to the basic hourly rate, that the holiday year ran from 1 January to 31 December, and that the clause was brought to the claimant's attention at induction. The payslips from 2020 showed holiday pay added to the claimant's wages, and the respondent kept records of hours worked and holidays taken.

Applying Lyddon v Englefield Brickwork Ltd, Robinson-Steele v R D Retail Services Ltd, Marshall's Clay Products Ltd v Caulfield, Smith v J Morrisroes & Sons Ltd, and Gridquest Ltd v Blackburn, the tribunal found there was a consensual agreement identifying a specific holiday-pay percentage and that the payments were a genuine contractual addition rather than an unagreed unilateral allocation. Although the claimant had accrued 5.64 hours of holiday and had not taken any of it, the tribunal held that the rolled-up holiday pay could be set against that entitlement and that the claim therefore failed and was dismissed.