Miss O Olawumi v Star Care UK Ltd — 2021

The claimant worked for the respondent as a domiciliary care assistant from 24 February 2010, on PAYE until October 2016 and thereafter on a self-employed basis through her own company until 3 June 2020. Her unfair dismissal claim was withdrawn at the hearing on 10 June 2021 and dismissed on withdrawal. By the hearing the only live claim was for outstanding holiday pay; the claimant accepted that the national minimum wage is assessed on gross pay and that her two weeks' outstanding wages had been paid.

The tribunal found that for the period 2010 to 2016 the claimant had taken and been paid for periods of annual leave and was not prevented from taking leave. Any claim for unauthorised deductions relating to that PAYE period ought to have been brought within three months of the end of that employment relationship; the tribunal found it was reasonably practicable to do so and so the 2010-2016 holiday pay claim was out of time.

For the period October 2016 to June 2020 the tribunal held, applying the authorities on "normal pay", that holiday pay should have been calculated by reference to the flat rate the claimant was paid per booked call rather than the actual minutes logged. Applying 12.07% to the gross pay received in that period produced total holiday pay of £16,318.69. The respondent had already paid £7,474.35 in respect of holiday pay for the period, leaving a balance of £8,844.34 gross, which the tribunal ordered the respondent to pay.