Mr S Newbold v Wilson James Ltd — 2023

The claimant was employed as a security guard and brought claims for unpaid holiday pay and unpaid sick pay. He claimed £246.85 for unpaid holiday in the current holiday year, which he wished to backdate for two years, and £528.96 for four days' sick pay.

On holiday pay, the tribunal found that the claimant's entitlement was 5.6 weeks per year. Because he accepted that his average weekly contractual hours were 56, the tribunal found his annual entitlement was 313.6 hours and that this had been paid in full. The tribunal did not accept the claimant's calculation based on 28 days of 12 hours each.

On sick pay, the tribunal accepted the respondent's evidence that the claimant's shift pattern repeated every three weeks and that his average working week was 4.67 days, rather than seven days. The claimant was entitled to four weeks' company sick pay, amounting to 18.68 days, and had been paid 19 days. The tribunal therefore found he was not entitled to further company sick pay and dismissed the claims.