Mr Florian Condratof v Securitas Security Services (UK) Limited — 2022

The claimant remained employed by the respondent and brought a claim described as holiday pay. At the hearing the Tribunal clarified that he was not claiming payment for holiday already taken or payment in lieu at termination, but was asserting that the respondent was not allowing him to take 28 days' annual leave. The Tribunal treated that as a Working Time Regulations complaint about refusal to permit annual leave rights under regulations 13/13A.

The Tribunal found that the relevant refusal occurred when the claimant received the grievance outcome on 10 September 2021. Although he contacted ACAS within the initial three-month period, he did not present the claim until 4 March 2022. The Tribunal found he knew about the time limit and tribunal process, and that his wish to resolve matters internally did not make it not reasonably practicable to present the claim in time. The Working Time Regulations claim was therefore dismissed.

By consent, the Tribunal also determined the holiday entitlement particulars under s.11(2) Employment Rights Act 1996. It accepted that under the claimant's earlier Omni Payroll Services contract he had a contractual entitlement to 28 days' annual leave, and that this transferred to the respondent in 2017. However, when the claimant moved from London to Manchester in January 2020, with a new site and Team Leader role, he entered a new contract which superseded previous contracts. The Tribunal confirmed the January 2020 contract particulars, under which holiday was calculated by the contractual formula in line with Working Time Regulations entitlement and did not include an additional contractual entitlement to 28 days per year.