Mr W Purcell v Screen Ink and Solvent Supplies Limited — 2023

The claimant had been employed since 1993 and, after TUPE transfers in 2003 and 2005, worked for the respondent as an Area Sales Manager. His holiday entitlement was 25 days plus bank holidays, the holiday year ran from 1 January to 31 December, and the Rondec terms required holidays to be taken within the year of entitlement unless specifically authorised. He was furloughed from 27 March 2020 and remained employed until 3 August 2021, when his role was made redundant.

On the holiday claim, the tribunal found that it was reasonably practicable for the claimant to take his 2020 leave while furloughed and that his work did not prevent him from doing so. It rejected his case that he could carry 2020 leave into 2021, so the 2020 holiday pay claim was dismissed. For 2021, the tribunal found he had accrued 14.25 days by the time redundancy was notified and accepted the respondent's calculation that the £1,644.16 paid in August 2021, based on basic pay, was the full amount due. The additional holiday pay claim was therefore dismissed.

On notice pay, the tribunal found the Rondec terms carried forward and gave the claimant three months' notice, which it treated as 13 weeks. It held that the 4 May 2021 letter referring to 12 weeks was an error. The claimant was paid for his 13-week notice period on the basis of his basic pay, and no commission was due because none had been earned after March 2020. The additional notice pay claim was dismissed.

On the pension contribution issue, the tribunal found the relevant contribution rate was 4% and that the respondent had correctly calculated the contribution on the claimant's basic pay. It accepted that £400 was paid to Prudential on 7 October 2021 and held that no further £71.04 was due. The tribunal's formal judgment dismissed both the holiday pay claim and the breach of contract claim.