Ms Isil Alem v British Airways plc — 2023

The claimant remained employed by British Airways and complained that, after returning from maternity leave in 2005 on reduced hours, her holiday entitlement had been calculated incorrectly. She said she should have received 19 days of annual leave since 2005 and sought compensation of £13,754 for 74 days of holiday she said she had not been given.

The tribunal considered possible routes for the complaint. It held that an unlawful deduction from wages claim was not available because the claimant accepted she had been paid correctly for holiday she took. It also held that the Working Time Regulations routes were not available because she had received more than the statutory minimum leave, remained employed, and had been paid for holiday granted. A breach of contract claim could not be brought in the tribunal while employment continued.

The tribunal found the complaint was essentially about the interpretation of contractual holiday provisions and the calculation of the claimant's contractual entitlement. Applying the authorities cited, it concluded that it had no power to interpret or amend the contractual terms or decide what clearer terms ought to have been included. It therefore held that it had no jurisdiction to determine the factual complaint and struck out the claim.