Mr J Jhammat and Mrs P Kaur v Mr J Jhammat (Leading) Newcross Healthcare Solutions — 2019

Mr J Jhammat and Mrs P Kaur brought combined holiday-pay claims against Newcross Healthcare Solutions. The tribunal treated the cases as unlawful deductions claims under s.13 ERA 1996 because both claimants remained in employment. It found their contracts provided for 337 minimum hours a year, clause 7.4 stated holiday would be paid at an additional 12.07% of basic pay, and induction materials included rate cards showing the basic-rate and holiday-pay element. The tribunal accepted the respondent's evidence that the rate cards were issued at induction and that the claimants knew how pay was calculated.

The tribunal held that rolled-up holiday pay is contrary to European law, but the issue was whether the respondent's arrangement was sufficiently transparent and comprehensible for the sums already paid to be set off against holiday pay due. It relied on Lyddon v Englefield Brickwork Ltd and treated the Smith v AJ Morrisons guidance as non-exhaustive. It also noted that the payslips showed cumulative holiday pay and that the HealthForceGo app later displayed holiday pay per assignment, although a glitch meant previous assignments could show nil after the 8 August 2018 update.

For both claimants, the tribunal distinguished the April 2018 requests, which it characterised as requests to be paid money rather than requests for specific leave, from the 31 August 2018 requests for 40 hours' leave. It found Mr Jhammat had already received £453.87 in holiday pay against a claim based on £392, and Mrs Kaur had already received £914.77 against a claim based on £426.40, so no further sums were due. Both holiday-pay claims were dismissed. The tribunal added that the respondent should encourage workers to take annual leave and devise a clearer system for doing so.