Mr A Mason v J Melton Limited — 2023

The claimant, Mr A Mason, brought claims said to concern unpaid holiday pay, notice pay and redundancy pay against J Melton Limited. The tribunal held that notice pay and redundancy pay were not payable because the claimant remained employed. It treated the case as a claim for unauthorised deductions from wages under section 13 ERA 1996 and considered sections 27 and 230 ERA 1996, together with New Century Cleaning Co Ltd v Church and Greg May (Carpet Fitters and Contractors) Ltd v Dring.

The tribunal found that the claimant had been an employee since around 2000 and had been off sick since 2016, but remained employed. It accepted that he was entitled to statutory minimum holidays, that bank holidays and shutdown days did not need to be booked, and that ordinary holidays did need to be booked. On limitation, it held that because there was a gap of more than three months between 19 September 2022 and 26 December 2022, the claim could only go back to 26 December 2022, so the 19 September 2022 bank holiday was out of time.

The tribunal found that the claimant should have been paid for the bank holidays and shutdown holidays from 26 December 2022 onwards. It rejected the remaining claimed dates as ordinary holidays, because there was no evidence that they had been booked, taken and unpaid. It awarded £1,085.04 net, calculated as 9 bank-holiday days at 9 hours per day and 7 shutdown-holiday days at 8 hours per day, both at £7.92 per hour.