Mr John Anderson v R Lawson Solicitor Gareloch Support Services (Plant) Limited — 2021

The tribunal allowed an amendment to the statement of claim, except for the proposed new paragraph 13, and limited the hearing issue to whether the respondent was in breach of contract in relation to paid annual leave between 23 January 2019 and 18 December 2019. The claimant was employed as a deckhand under a Seafarer Employment Agreement from 23 January 2019, with Schedule A and the respondent's Standard Terms forming part of the contract.

The tribunal found that the contract provided for an overtime and weekend work payment contract, with additional express payments only for weekday overtime and weekend working. It held that clause 7.1 of Part A made the claimant's remuneration fully consolidated and included annual leave, and that clause 26 of Part B made express provision for paid annual leave, with payment included in salary and annual leave taken automatically during time off. The tribunal accepted that the claimant's entitlement rose from 30 to 38 days by reason of flag state legislation, but rejected the argument that this created an additional payment entitlement beyond salary.

Applying the contractual interpretation principles cited from Investors Compensation Scheme, Rainy Sky, Arnold v Britton and Sipp Pension TRS, the tribunal rejected the claimant's case that the word "paid" was redundant or that Schedule A took precedence over the other provisions. It also rejected the submission that the contract was ambiguous or that contra proferentem assisted the claimant. The tribunal concluded that there was no underpayment and no breach of contract, and therefore refused and dismissed the damages claim. It did not need to decide the respondent's alternative approaches to annual leave for the period 14 November 2019 to 18 December 2019.