In person For the v Respondent — 2024

This was a claim about holiday pay under the claimant's contract and the Working Time Regulations. The tribunal found that the complaint was not, in substance, a refusal of holiday: the respondent did provide paid leave and there was no breach of regulations 13 or 13A WTR.

The tribunal accepted the claimant's interpretation of clause 10.3 of the contract and found that she was a part-time worker for this purpose. It rejected the respondent's case that she should be treated as full time and that the Care Planner system's calculations governed, holding that the contract entitled her to one hour of holiday pay for every 4.77 hours worked.

On the evidence, the tribunal accepted the claimant's page 36 calculation and found that at the date of claim she was owed 81.35 hours of holiday pay at £10.42 per hour, amounting to £847.67. After crediting 40 hours already paid between the claim and the hearing, the tribunal ordered payment of £430.49. It also held that further holiday pay accruing after the hearing must continue to be calculated under the contract, subject to credit for sums already paid, but did not make a specific monetary award for that later period because the precise figures were not clear.

The tribunal declined any preparation time order or ACAS uplift.