Mr D Aylett v The Guinness Partnership Ltd — 2024

Mr D Aylett brought a complaint of unauthorised deduction from wages arising from holiday pay. He was employed by The Guinness Partnership Limited as a multiskilled joiner from 20 June 2011, worked fixed hours five days a week, and also received contractual overtime. The parties agreed that contractual overtime should be included in holiday pay, but disagreed about the backstop period, the calculation method, the days of leave to which the entitlement attached, and any offset.

The tribunal held that the Deduction from Wages (Limitation) Regulations 2014 limited the claim to the two years before presentation, so the relevant period was January 2022 to January 2024 rather than the 11 years claimed. It accepted the respondent's method of calculating a week's pay by reference to the agreed annual overtime figure of £9,384.84, producing a weekly rate of £179.99 and a daily rate of £36. The tribunal also held that the contractual overtime element attached only to the 20 days of regulation 13 leave, not the full 29 days' annual leave.

On that basis the tribunal found a shortfall in holiday pay properly payable. It accepted the respondent's right to offset £1,439.97 already paid, leaving £104.48 payable to the claimant. The tribunal made no award for financial loss because none had been claimed or proved, and made no award of interest because it held that it had no statutory jurisdiction to award interest on an unauthorised deduction from wages claim.