Mr A Gascoigne, claimant’s partner For the v Mr Ash Malik, Director — 2021

Ms Molly Turner was employed by In-Home Carers Limited from 28 March 2019 to 1 December 2019. Her employment began on a zero-hours contract, and from 1 October 2019 she was promoted to Care Co-ordinator on a salaried basis. She brought a holiday pay claim after ACAS early conciliation, and the tribunal heard evidence from her and from Mr Ash Malik, sitting alone by CVP before Employment Judge M Warren.

For the holiday taken between 20 September 2019 and 6 October 2019, the tribunal found that Ms Turner had taken 11 days, equivalent to 2.2 weeks. On the basis of an average weekly pay of £315.88, calculated from 36.10 hours at £8.75 per hour, the value of that leave was £694.93. Because she had been paid £521.76, the tribunal held that £173.17 remained unpaid. It rejected any limitation defence, finding that payment was due at the end of October 2019 and that ACAS early conciliation stopped time running and extended the limitation period under regulation 30B and Luton Borough Council v Haque.

The tribunal also held that it was not correct to split Ms Turner’s employment between the zero-hours and salaried periods for the purpose of accrued holiday. Treating her employment as continuous, it found that she had accrued 18.66 days, rounded to 19 days, had taken 12 days, and therefore had 7 days of accrued but untaken leave at the end of employment. At a daily rate of £71.15, that produced £498.05. Ms Turner’s emails of 24 October, 7 November, 18 December and 24 December 2019 were treated as a grievance, the respondent did not deal with them, and the tribunal increased the award by 15% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with the ACAS Code. The final award was £771.90 gross.