Mr R Bridge v Youth Justice Board — 2023

Mr R Bridge worked for the Youth Justice Board on a full-time compressed-hours arrangement, with Monday normally as his non-working day and his other days worked at 9.25 hours. The sole issue was whether he remained owed payment for accrued but untaken holiday on termination of employment on 19 June 2022, including whether certain days in March 2022 had been taken as flexi-time or time off in lieu rather than annual leave, and whether bank holidays or privilege days in the new leave year should be added on top of the pro rata calculation.

The tribunal accepted the respondent's evidence and policy wording that compressed-hours staff received annual leave and a proportionate allowance for public and privilege holidays, with those hours added together to produce a total leave entitlement. It found there was no evidence of a formal or recorded flexi-time arrangement, no flexi-time sheet, and nothing in the 4 March 2022 email correspondence showing that 10 and 11 March were to be treated as time off in lieu. It also accepted Ms Oram's evidence that the claimant had not asked before the relevant period for the later March hours to be treated as flexi-time.

On that basis, the tribunal found the claimant's carryover into the 2022/2023 holiday year was limited to 18.5 hours. It further held that the claimant's leave entitlement for the period from 1 April 2022 to 19 June 2022 was 57 hours, and that the respondent's method of calculation already included a pro rata entitlement to bank holidays. The tribunal said the claimant had received payment in respect of his full accrued holiday entitlement, and the claim was dismissed.