Mr B Yakap v D A Baillie Limited — 2023

The tribunal found that the claimant worked for the respondent on a series of seasonal contracts from 2018 to 2022, rather than on one continuous contract. It preferred the respondent's evidence that each period ended with a P45 and a fresh arrangement on return, and that the claimant agreed an enhanced hourly rate which included rolled-up holiday pay. It also found that overtime had always been paid at time and a half for hours over 48 in the week, and that there was no practice of paying double time on Saturdays or triple time on Sundays.

The holiday pay claim succeeded only in respect of the final period of employment ending on 28 November 2022. The tribunal held that holiday pay claims relating to earlier, separate contracts were out of time and not part of a single series of deductions. Applying regulation 14 of the Working Time Regulations 1998, it found that the claimant had taken no paid annual leave during the final period from 5 September to 28 November 2022 and calculated the entitlement by reference to a weekly net pay figure of about £620, producing an award of £818.40.

The tribunal rejected the respondent's argument that amounts said to have been paid as rolled-up holiday pay could be set off against the regulation 14 entitlement. It found that the payslips did not identify any transparent holiday pay element and that the payments did not meet the clarity required by Robinson-Steele. The overtime claim failed because the claimant identified no contractual, customary, or legal basis for the enhanced rates he sought, and that part of the claim was dismissed.