In Person v Mr. Hill, Managing Director — 2021

At a CVP hearing on 5 February 2021, Employment Judge Wedderspoon heard three linked complaints of unauthorised deductions from wages brought by Mr Midwood, Mr Elvidge and Mr Garside against Moventas Gears UK Limited. The issue was whether holiday pay should include voluntary overtime and, for field workers, a working-out allowance. The tribunal referred to section 13 and section 234 of the Employment Rights Act 1996, the Working Time Regulations 1998, Bear Scotland v Fulton, and Dudley MBC and Willetts.

The tribunal found that all three claimants regularly worked overtime. It accepted the claimants' spreadsheet evidence and held that overtime was intrinsically linked to the tasks required by the contract, so it should be included in the calculation of holiday pay. On the evidence before it, Mr Midwood worked overtime in 11 months out of 16, Mr Elvidge in 10 months out of 19, and Mr Garside in 10 months out of 18.

On limitation, the tribunal held that Mr Elvidge and Mr Garside each had gaps of more than three months between deductions, so their series was broken and their claims were limited to deductions from August 2019 onward. Mr Midwood had no such gap and could pursue a series of deductions from November 2018 to March 2020. The tribunal also found insufficient evidence to decide whether the working-out allowance should be included in pay calculations.

The judgment recorded that the complaints of unlawful deductions succeeded, but the case was relisted for a further CVP hearing to deal with clarification of the working-out allowance issue and the calculation of holiday pay outstanding. The parties were directed to exchange calculations and any objections by the dates set out in the judgment.