Mr J Lindsay (1) Mr L Pope (2) v Secretary of State for Business, Energy & Industrial Strategy and 1 other — 2022

The tribunal gave a remedy judgment after a remote hearing before Employment Judge Morris sitting alone. It held that, for the several claims made by the respective claimants, the calculation of a week's pay was to be made under sections 221(1) and (2) of the Employment Rights Act 1996 using the amount payable under each claimant's contract of employment, namely £30,000 per annum.

The tribunal also held that, in the leave year beginning 1 January 2020, it was not reasonably practicable for either claimant to take all of their regulation 13 leave because of the effects of coronavirus, including effects on the worker, employer, wider economy or society. On that basis, each claimant was entitled to carry forward untaken leave under regulation 13(10) of the Working Time Regulations 1998.

The judgment records no monetary award, no split of sums between claims, and no written reasons because oral reasons were given and no request for written reasons had been made at the hearing.