Case 3307863/2020 · Employment Tribunal
Ms S Perra v Premium Care Solutions Limited (Respondent) — 2021
- Case reference
- 3307863/2020
- Decision date
- 21 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Appearances
- Venue
- Bury St Edmunds
Parties
2 namedClaimant
Ms S Perra
Key findings
Tribunal's reasoningMs S Perra worked for Premium Care Solutions Limited as a care worker from 3 January 2020 to 16 July 2020. Her contract incorporated the Staff Handbook, which provided that the leave year ran from 1 April to 31 March, that annual leave could not be carried over into the next leave year, and that payment in lieu of unused holiday would not be made. The contract also gave no right to sick pay other than statutory sick pay.
The claimant did not take annual leave between 3 January and 31 March 2020 and sought compensation for that untaken leave. The tribunal considered regulation 13(10) of the Working Time Regulations 1998, which allows carry-forward where it was not reasonably practicable for the worker to take leave because of coronavirus. It accepted that on 20 March 2020 management sent a WhatsApp message asking staff with leave booked in future months to consider whether they needed the time off and, if still planning to take annual leave, whether they might make themselves available for work if needed.
The tribunal was not satisfied that message, or anything else, made it not reasonably practicable for the claimant to take annual leave before 31 March 2020. It noted that the message referred to future months, did not require cancellation of leave already booked for 20 March to 31 March, did not prevent booking leave in that period, and did not prevent leave being taken before 20 March. The annual leave claim was therefore dismissed.
The claimant also sought unpaid wages described as sick pay for 4 and 5 July 2020. The tribunal found that she had no entitlement to contractual sick pay beyond statutory sick pay, and that on those two days she was entitled to neither contractual sick pay nor statutory sick pay. That claim was also dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claim for compensation for untaken annual leave. The tribunal held the contract and Staff Handbook did not permit carry-over or payment in lieu, and it was not satisfied that the 20 March 2020 WhatsApp message meant it was not reasonably practicable for the claimant to take annual leave before the end of the leave year on 31 March 2020. | Dismissed | — | — |
| Unlawful deduction from wages | Claim for unpaid wages described as sick pay for 4 and 5 July 2020. The tribunal found the claimant had no right to contractual sick pay other than statutory sick pay, and on the dates in question she was entitled to neither contractual nor statutory sick pay. | Dismissed | — | — |
Legal tests applied
2 references- regulation 13(10) Working Time Regulations 1998
- not reasonably practicable to take annual leave
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.
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