In person For the v Respondent — 2022

The tribunal first dealt with the preliminary issue of disability. It accepted that the claimant had back and/or leg pain and that the impairment had a substantial adverse effect on normal day-to-day activities, but it was not satisfied that, before 13 January 2021, the condition was likely to last for at least 12 months. On that basis the claimant was not disabled within section 6 of the Equality Act 2010 and the claim of discrimination under sections 20, 21 and 39 was dismissed.

The wages claim was limited to two issues: alleged non-payment for work on 4 and 5 January 2021, and a deduction for excess holiday taken by termination. On the first issue, the tribunal found from the pay records that the claimant had been paid in full for the hours worked on those dates, so that part of the claim failed.

On the holiday issue, the tribunal found that the claimant had taken 67.5 hours of holiday while his accrued entitlement by 12 January 2021 was 59.8 hours, leaving an excess of 7.7 hours. The respondent was entitled to make a deduction for that excess, but it could not prove that the deduction should be calculated at £13.68 per hour because it had not produced evidence of the claimant’s holiday pay over the preceding 52 weeks. The tribunal therefore allowed only a deduction at the minimum applicable rate of £10.76 per hour, which left an over-deduction of £22.49. That sum was awarded to the claimant, subject to income tax and national insurance deductions.