Ms M Craig v Glasgow City Council — 2021

The Claimants complained that the Respondent breached their rights under Regulation 13 of the Working Time Regulations 1998 by not permitting them to carry over unused annual leave from 2019 to 2020. Both had been absent on sick leave from 11 February 2019 to 11 November 2019, returned on a phased basis, and were told their remaining leave had to be used by 31 January 2020 or it would be forfeited. They asked to carry forward their leave beyond that date, and the request was refused.

The Tribunal held that annual leave rights under Regulations 13 and 13A require the worker to give notice under Regulation 15. It accepted the Respondent's submission, relying particularly on Scottish Ambulance Service v Truslove, that a claim under Regulation 30 for refusal to permit annual leave requires an actual refusal following such notice. The Tribunal found that neither Claimant had requested to take the outstanding balance of their 2019 annual leave before bringing the claims, and their request to carry leave forward was not a Regulation 15 notice because it was not a request to take a specific period of leave.

The Tribunal concluded that, because the Claimants had not exercised their rights in the manner required by the Working Time Regulations, the Respondent could not be said to have refused to permit them to exercise those rights. It therefore held that it had no jurisdiction under Regulation 30 and dismissed the claims.