Mr Paul Dullenty v Blackburn with Darwen Borough Council — 2026

Mr Paul Dullenty claimed that Blackburn with Darwen Borough Council had made unlawful deductions from his wages by underpaying holiday pay for winter road gritting duties. The tribunal rejected the Council’s argument that the 2023/2024 allegations were out of time. It found that both winters formed a series of alleged deductions because they concerned the same recurring duties and the break between the periods was outside Mr Dullenty’s control. The tribunal therefore had jurisdiction to consider both periods.

Mr Dullenty was a full-time salaried assistant manager in the highways department with 31 days’ annual leave. He volunteered for additional winter gritting duties, receiving standby payments, callout pay and an additional holiday pay allowance. He argued that the allowance should have been calculated at 12.07% rather than 7.67%, alleging shortfalls of £124 in May 2024 and £111 in May 2025. Although no written agreement was produced, the tribunal found on the balance of probabilities that 7.67% was the rate agreed between the Council and his trade union.

Applying section 13 of the Employment Rights Act 1996, the tribunal found that the gritting duties formed part of Mr Dullenty’s existing employment rather than a separate employment. It rejected his arguments for a higher rate and for combining his substantive pay with his gritting pay when calculating holiday pay. The tribunal held that the additional holiday payments arose from the union agreement, with no statutory or contractual obligation to make them, and that statutory holiday pay rules did not determine their rate. As Mr Dullenty had received the agreed rate, no deductions had been made. The claim failed and no monetary remedy was awarded.