Mr P Major v Conduit Construction Network Ltd Heard: Remotely by way of Cloud Video Platform (‘CVP’) — 2021

Mr P Major brought a claim for unpaid holiday pay said to arise on termination of his employment on 20 September 2020. The tribunal recorded that he started work for Conduit Construction Network Ltd on 24 February 2020 on a 6-month contract, that he was later offered a permanent position, and that he left to take up other employment on 28 September 2020. The dispute was whether he was contractually entitled to 25 days plus 8 days holiday or 20 days plus 8 days holiday, and whether a 3-month probationary period or a longer period applied.

The claimant did not attend the hearing. The tribunal proceeded under rule 47 of the Employment Tribunal Rules 2013 after noting that he had not complied with directions, had not engaged with correspondence from the respondent, and had not asked for an adjournment. The tribunal found his failure to attend and failure to take steps to prosecute the claim to be unreasonable conduct.

On the holiday-pay issue, the tribunal was satisfied on the material before it that the claimant was not entitled to any further payment in respect of accrued but untaken holiday because the respondent had ultimately paid him on the more favourable basis that he had claimed. The claim for outstanding holiday pay was therefore dismissed.