Mr D Wraga v Tesco Stores Ltd — 2022

The tribunal found that the claimant's written contract provided for two days of core hours plus flexible additional hours, and that there had been no oral contract or contractual variation entitling him to five guaranteed days each week. The tribunal accepted that he often worked more than two days, but held that this was consistent with the written terms for additional non-guaranteed overtime.

The sick pay claim was dismissed because the claimant had been paid sick pay for his two core days and there was no obligation to pay sick pay for additional non-guaranteed hours. The holiday pay claim was also dismissed because it depended on the same argument that his contractual entitlement was five days per week, and the tribunal found no failure to pay the correct holiday pay.

For the automatic unfair dismissal claim, the tribunal accepted that the claimant had alleged infringement of relevant statutory rights on several occasions. However, it found that the principal reason for dismissal was not those assertions, but the respondent's review of temporary contracts against business need and an oversubscription of staff hours at the store.