Case 2402517/2021 · Employment Tribunal
Ms MI Bellon Ferreiro v MCD Manchester Limited — 2021
- Case reference
- 2402517/2021
- Decision date
- 28 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
Parties
2 namedClaimant
Ms MI Bellon Ferreiro
Respondent
Key findings
Tribunal's reasoningMs MI Bellon Ferreiro was employed by MCD Manchester Limited as a crew member from 17 September 2019 to 3 January 2021. The tribunal heard her claims for unlawful deduction of wages and accrued unpaid holiday pay at final hearing on 9 August and 4 October 2021. It found her calculations difficult to follow, but made findings on the balance of probabilities from the bundle, payroll documents, emails and oral evidence.
On holiday pay, the tribunal found the claimant was off sick from 28 November 2019 to 16 April 2020 and received SSP during that period. It calculated 2.7 days of holiday accrued between 28 November and 31 December 2019 at £38.36 per day, which came to £103.57, and held that the £185.70 paid on 20 August 2020 extinguished that part of the claim. It also found there was no contractual or agreed carry-over into 2021, and that once the claimant returned to work on reduced hours in October 2020 her holiday entitlement had to be pro-rated.
Applying the Working Time Regulations calculations, the tribunal found that for the relevant leave year the claimant had taken 23 days holiday and had been paid £1000.12 in total, against £951.48 due, so no unpaid holiday remained. It rejected the argument that holiday accrued during sickness had to be carried over into 2021, and dismissed the holiday pay complaint. It also dismissed the unlawful deduction complaint because the alleged Covid-19 payment due on 30 April 2020 was out of time under regulation 30(2), there was no continuing act, the claimant was not on flexible furlough after she returned to work, and in any event she had not proved an underpayment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Dismissed. The tribunal held the alleged Covid-19 payment due on 30 April 2020 was out of time under regulation 30(2) of the Working Time Regulations 1998, found no continuing series of deductions, and in any event rejected the claimant's flexible furlough case. | Dismissed | — | — |
| Holiday pay | Dismissed. The tribunal found the claimant had been paid for holiday accrued during her 2019 sickness absence, that 2020 leave had to be pro-rated once she moved to a three-day week, and that the payments made exceeded the amount due so no unpaid holiday remained. | Dismissed | — | — |
Legal tests applied
7 references- Reg 30(2) WTR 1998
- Reg 14(3)(b) WTR 1998
- Bear Scotland three-month rule
- Greenfield v The Care Bureau Ltd
- Stringer; Schultz-Hoff
- Dominguez v Centre informatique du Centre Ouest Atlantique
- Sood Enterprises Ltd v Healy
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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