Mr W G Archibald v Oakshaw Trinity Church — 2020

At the outset of the final hearing in Glasgow on 11 September 2019, the Employment Judge raised whether the tribunal had jurisdiction to hear Mr Archibald's claim. The claimant said the respondent had increased his annual holiday entitlement from 20 days a year plus statutory holidays to 25 days a year plus statutory holidays, and that the respondent then sought to reduce that entitlement.

The tribunal explained that payment in lieu of accrued but untaken holiday can only be made on termination of employment under the Working Time Regulations, and that any breach of contract claim falls within the tribunal's extended jurisdiction only where the contract has come to an end. The claimant's son mentioned sums deducted from the claimant, but the ET1 did not include a claim for unlawful deductions from wages and that was accepted.

Neither party wished to make further submissions on jurisdiction. The tribunal held that it did not have jurisdiction to hear the claims before it between the parties, and the claim was dismissed. The judgment records no monetary award.