Mr G McLeish v Banner Burnett Hospitality Ltd — 2023

Mr G McLeish worked for Banner Burnett Hospitality Ltd as a sous chef from 14 May 2022 to 11 February 2023 on a zero-hours contract, although he normally worked 37 hours per week. His claim concerned notice pay and holiday pay after he resigned by email on 23 January 2023, stating that his last day would be 11 February. The respondent accepted that shortened notice period. The tribunal recorded that he earned about £555 per week and was paid £15 per hour.

The tribunal found that the claimant had been rostered for the week beginning 30 January 2023, but did not attend those shifts because the ferries were cancelled. It held that he was not entitled to payment for shifts he did not attend. For the week beginning 6 February, the tribunal found that the claimant and Joe Burnett discussed holiday arrangements on 27 January, and that the claimant's response amounted to reluctant acceptance of taking holiday that week. The tribunal also held that, even if there had not been agreement, the respondent was entitled under clause 6.5 of the contract to require him to take holiday on reasonable notice, with reference to regulation 15 of the Working Time Regulations 1998.

The tribunal accepted that the claimant was later paid £1,269.87 gross on 1 March 2023 for "Outstanding holiday 21 - 23". It found that this sum represented the claimant's correct holiday entitlement, including the week beginning 6 February and holiday accrued during his earlier 2021 employment. Although the pay slip grouped together holiday already taken and accrued-but-untaken holiday, the amount paid was correct. The tribunal also noted that any claim for holiday pay from the earlier employment would in any event have been time-barred. It therefore held that the claimant had been paid all the money to which he was entitled and dismissed the claim.