Mr A Nikiel v Metroline Travel Limited — 2025

Employment Judge N Wilson dismissed the claimant Mr A Nikiel's complaint of holiday pay against Metroline Travel Limited. The Tribunal accepted the respondent's evidence that drivers' holiday pay was calculated under the Working Time Regulations 1998, with the first 20 days at the rolling 52-week average (including overtime, bank holiday payments, time in lieu, basic pay adjustments, cash adjustments, work rest days and allowances) and the remaining 8 days at the 'regulation 13 pay' (excluding voluntary overtime).

The judge found that the two payments the claimant sought to include in his 52-week calculation (a £1,000 retention bonus paid in July 2023 and a £5 safe driving award paid in April 2022) were one-off payments which did not form part of his normal pay and were correctly excluded. Drawing on s.234 Employment Rights Act 1996, the Tribunal held that only obligatory overtime forms part of normal working hours.

The Tribunal therefore found that the respondent had calculated holiday pay in accordance with the Working Time Regulations and the claim was not well founded.