Mrs Claire Heyes v Represented by Mr S Heyes The Royal Regiment of Scotland Trust — 2024

The tribunal held that the claimant’s first leave year ran from 15 May 2022 to 14 May 2023 because there was no written, legally enforceable relevant agreement varying the leave year. It found that the claimant was engaged as a Museum Weekend Casual Worker from 15 May 2022, that no written terms were issued at the outset, and that neither party had appreciated the entitlement to paid holiday until early May 2023.

The tribunal accepted that the claimant had not requested holiday in that leave year and had not been refused leave. It found that the respondent’s later communications in May and June 2023 did not amount to a refusal to permit the claimant to exercise her rights to annual leave. The tribunal noted the claimant’s argument that the respondent’s £293 calculation was wrong and that she considered £483.93 to be due, but it held that Regulation 30 of the Working Time Regulations 1998 does not create a remedy where leave was not sought and refused.

On that basis, the tribunal concluded that there was no remedy under Regulation 30 WTR and dismissed the complaint. It referred to Regulations 2, 13, 13A, 14 and 15A of the Working Time Regulations 1998 in explaining the leave-year position and the statutory framework, and contrasted Regulation 30 with Regulation 16 as part of its reasoning.