Case 4104468/2022 · Employment Tribunal
Claimant v Sasse Limited — 2022
- Case reference
- 4104468/2022
- Decision date
- 31 October 2022
- Jurisdiction
- Scotland
- Venue
- Edinburgh
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe claimant, following his TUPE transfer to Sasse Limited on 31 October 2015, advanced claims that he had a contractual right to overtime paid at time and a half for hours worked beyond his normal scheduled hours and a contractual right to additional paid annual leave beyond the statutory Working Time Regulations entitlement. The tribunal recorded that the claimant's contractual paid annual leave entitlement was 20 days per year and that, after the transfer, managers told him he had no entitlement to overtime at an enhanced rate or to additional holiday pay.
On the evidence, the tribunal found that the claimant worked a part-time irregular shift pattern and did work additional hours, but he had no contractual entitlement to be paid at an overtime rate for those hours. His contractual entitlement for those extra hours was at his normal hourly rate. The tribunal also found that in the holiday years 2016 to 2022 he received his whole statutory entitlement to paid annual leave, or payment in lieu of untaken leave, and that the respondent's July 2022 payslip included a residual holiday payment of £3,556.58 for 359.25 hours at £9.90 per hour, covering carried-forward leave including 2020, 2021 and 2022.
The tribunal held that the claimant had not proved the existence of the contractual rights he asserted, had not identified any legal basis for greater holiday entitlement, and had not quantified the sums with any accuracy. It therefore dismissed the claims on their merits. The tribunal added that, even if a contractual basis had been established, the claims would in any event have been several years out of time and likely lacked jurisdiction, and no case under any saving provisions was advanced.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claim for overtime at time and a half for hours worked beyond the claimant's normal scheduled hours; the tribunal found no contractual entitlement to an overtime rate and held additional hours were payable only at the normal hourly rate. | Dismissed | — | — |
| Breach of contract | Claim for contractual entitlement to additional paid annual leave and compensation for accrued but untaken additional leave; the tribunal found no contractual entitlement beyond the claimant's 20 days per year and held that statutory leave or payment in lieu had already been received, including the July 2022 residual holiday payment. | Dismissed | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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