Mr A Hayat v Islamic Educational And Recreational Institute — 2023

The tribunal found that Mr A Hayat made protected disclosures to the Charity Commission on 17 June 2020 and 9 October 2020, and to the police on 25 September 2020. It found that the communication to the Disclosure and Barring Service on 13 October 2020 was not a protected disclosure. The complaints that he was subjected to detriment on the ground that he had made a protected disclosure were dismissed, and the tribunal also found that detriments 9a, 9b, 9c, 9f, 9g, 9h and 9i were presented out of time and would not have been within jurisdiction even if otherwise well-founded.

The tribunal further found that the principal reason for the claimant's dismissal was not that he had made a protected disclosure, so section 103A of the Employment Rights Act 1996 did not apply. The unfair dismissal complaint was dismissed. The related breach of contract complaint, based on an alleged failure to give notice or payment in lieu of notice, was also dismissed because the tribunal found the claimant was not entitled to notice or payment in lieu of notice.

The complaint about failure to make a payment in lieu of holiday entitlement on termination was upheld. The tribunal found that no holiday pay had been paid, that the claimant took no annual leave and received no holiday pay from the start of furlough in April 2020 to the end of employment in December 2021, and that it was not reasonably practicable for him to take some or all of the leave because of coronavirus. It therefore applied regulations 13(10) and 13(11) of the Working Time Regulations 1998 and held that the leave could be carried over into the leave year ending with termination.

At remedy, the parties agreed that the gross sum due for the holiday entitlement claim was £5,099.60. The tribunal ordered the respondent to pay that amount, subject to lawful PAYE deductions, and no separate basic award, compensatory award, or injury to feelings award was made.