Mrs M Rehman v Department for Work and Pensions — 2022

The Claimant brought claims for holiday pay, direct disability discrimination and victimisation after the processing of her ill health retirement and final payments. The Respondent accepted that the Claimant was disabled by reason of recurring meningioma tumours and accepted that she had done a protected act by bringing earlier tribunal proceedings. A breach of contract claim relating to delay was treated as withdrawn, and an amendment application concerning pension calculation was refused.

On the discrimination and victimisation complaints, the Tribunal found that there was no significant delay by the Claimant's line manager in processing the ill health retirement paperwork once the retirement date was agreed. It accepted that the manager had referred the Claimant to shared services because that was the appropriate route for payroll and individual HR queries. The Tribunal found that any later delay arose from a query between MyCSP and shared services not being actioned, and not from disability or the protected act.

On holiday pay, the Tribunal found that the Respondent's policy calculated untaken annual leave by reference to calendar days in the relevant month. It found that the policy was more likely than not incorporated into the Claimant's contract by custom, and in any event that calendar-day apportionment was consistent with the contract and Hartley. The Tribunal concluded that the Claimant had been paid correctly and was not owed further holiday pay.