Case 1803131/2021 · Employment Tribunal
Miss C Walker v Sandy Lane Residential Hotel HELD by: CVP — 2021
- Case reference
- 1803131/2021
- Decision date
- 17 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shulman REPRESENTATION
Parties
2 namedClaimant
Miss C Walker
Key findings
Tribunal's reasoningMiss C Walker brought a claim for carried over holiday pay against Sandy Lane Residential Hotel. The claim concerned 14 days' holiday in the leave year ending 31 March 2021, following the effective date of termination of employment on 1 May 2021. The claimant said she had not been allowed to take the outstanding holiday during employment.
The tribunal recorded that the claimant accepted she had no contractual right to carry over holiday. It explained that any entitlement would therefore have to arise under the Working Time (Coronavirus) (Amendment) Regulations 2020 and the related amendments to the Working Time Regulations 1998, in particular the provision allowing carry-forward where it was not reasonably practicable for a worker to take annual leave as a result of the effects of Covid-19. After discussing the Government guidance issued on 13 May 2020, the tribunal concluded on the claimant's answers that the reasonable practicability and effects of Covid-19 requirements were not satisfied.
Before cross-examination continued, the tribunal gave the claimant time to consider her position with her mother. The claimant then said she wished to withdraw her claim, and the tribunal dismissed it on that basis.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claimant sought carried over holiday pay for 14 days in respect of the holiday year ending 31 March 2021. The tribunal dismissed the claim after the claimant withdrew it during the hearing. | Withdrawn | — | — |
Legal tests applied
4 references- Working Time (Coronavirus) (Amendment) Regulations 2020
- regulation 13(10) Working Time Regulations 1998
- reasonable practicability test
- effects of Covid-19 test
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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