Claimant Mr T Innes Represented by Mr N Patterson - Solicitor v Ms M Bergen Represented by Mr N Patterson - Solicitor Forth Valley College of Further and Higher Education — 2024

The claimants brought complaints under the Part-time Workers Regulations 2000 about entitlement to paid leave for three winter closure days in January 2023. They said part-time staff were treated less favourably than comparable full-time workers because the closure days were not pro-rated, and they argued in the alternative that the complaints were in time because the treatment was a less favourable contractual term or because time should be extended on a just and equitable basis.

The tribunal found that paid leave for the three winter closure days was not a contractual term implied by custom and practice. Although the practice had existed for around 10 years and was well known, it was not certain, because the respondent had on a number of occasions told staff that the closure days were discretionary, there was no contractual entitlement, and staff could be required to work during a closure. On that basis, Regulation 8(4)(a) did not assist the claimants.

The tribunal also held that the complaints were not in time under the alternative time-limit arguments. It noted that the respondent's failure to pay for the closure days in January 2023 was an inconsistent act for the purposes of Regulation 8(5)(a), so the relevant act occurred then. The tribunal then rejected a just and equitable extension of time, taking into account that the claimants were union members, knew the relevant factual position by January 2023, the union had raised the issue in 2022 and early 2023, and ACAS Early Conciliation was not started until 28 November 2023 with claims lodged on 13 February 2024. The claims were therefore dismissed for want of jurisdiction.