Case 3203834/2021 · Employment Tribunal
Ms D Lukasik & Others v Norwegian Air Resources UK Ltd (in voluntary liquidation) and 2 others — 2022
- Case reference
- 3203834/2021
- Decision date
- 2 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Thackray Representation
- Venue
- East London Hearing Centre
Parties
4 namedClaimant
Ms D Lukasik & Others
Key findings
Tribunal's reasoningThe claimants were short haul cabin crew whose 2020 holiday arrangements were affected after flying was suspended during the Covid pandemic. The tribunal found that the usual contractual practice, under which holiday could not normally be carried over, had been varied by explicit agreement so that untaken 2020 holiday would be honoured and rolled into 2021, with payment intended in January and February 2021.
The First Respondent entered voluntary insolvency on 14 January 2021 and the claimants were dismissed by reason of redundancy on 29 January 2021. The agreed 2020 holiday payments were not made by the First Respondent. The tribunal found that the payments later made by the Third Respondent were less than the claimants' contractual holiday entitlement and that no rationale or justification had been provided for the reduced calculations.
The tribunal made declarations in principle that the claimants were entitled to payment for their full unused 2020 holiday entitlement, less holiday already taken in the first quarter, subject to the statutory weekly limit and six-week cap. Because of the number of claimants and differing individual circumstances, the tribunal left the precise sums to be agreed, with liberty to apply for a remedy hearing if agreement could not be reached.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal declared that, to the extent the claimants did not receive accrued but unused 2020 holiday pay due under the varied contractual arrangements, they experienced unauthorised deductions from pay. Claims against the Second Respondent and the claim on behalf of Mr C Archibold were withdrawn. | Upheld | — | — |
| Holiday pay | The tribunal declared that the claimants were entitled to be paid by the Third Respondent an amount equal to their unused 2020 holiday entitlement, less holiday actually taken in the first quarter of 2020, subject to the statutory weekly wages limit and six-week cap. Specific individual sums were left for agreement or a remedy hearing. | Upheld | — | — |
Legal tests applied
10 references- Section 13(1) Employment Rights Act 1996
- Section 23 Employment Rights Act 1996
- Section 27 Employment Rights Act 1996
- Regulation 14 Working Time Regulations 1998
- Working Time (Coronavirus) (Amendment) Regulations 2020 regulation 13(10)
- Working Time (Coronavirus) (Amendment) Regulations 2020 regulation 13(11)
- British Gas Trading Ltd v Lock and anor 2017 ICR 1
- Section 182 Employment Rights Act 1996
- Section 184 Employment Rights Act 1996
- Section 188 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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