Claimant v TSM Systems Limited
Outcome
Individual claims
The tribunal found that the claimant could not carry forward annual leave from previous years as there was no barrier preventing him from taking leave. However, he was entitled to accrued but untaken leave for the 5 days worked in his final leave year (0.38 days at £276.92 per day = £105.23).
Claim for failure to provide written statement of terms failed because the respondent had provided a contract of employment (May 2024) before the employment ended and before the claim was presented, so there was no jurisdiction to award additional compensation under s.38 Employment Act 2002.
Tribunal accepted claimant's evidence that he received no payslips between August 2023 and June 2024, in breach of s.8 Employment Rights Act 1996. A declaration was made. However, no financial award was made as there were no unnotified deductions in the 13 weeks before the claim was presented (employment had already ended).
Facts
Dr Rogers was employed by TSM Systems Limited from 1 July 2022 to 5 July 2024 as a senior employee and statutory director on a salary of £72,000. He was not provided with a written contract until May 2024 (which he did not sign) and received no payslips between August 2023 and June 2024. He resigned and was not paid for accrued but untaken annual leave. He claimed he never took annual leave during his two-year employment. The respondent made a counter-claim which the tribunal struck out for lack of jurisdiction.
Decision
The tribunal awarded £105.23 for 0.38 days of accrued holiday pay in the claimant's final leave year (5 days worked before termination). The tribunal rejected his claim to carry forward annual leave from previous years, finding no barrier prevented him from taking leave. The claim for failure to provide written terms failed as a contract had been provided before employment ended. A declaration was made regarding failure to provide payslips, but no financial award was made.
Practical note
Senior employees and directors who are economically independent and able to control their own working arrangements cannot rely on King v Sash Window Workshop to carry forward untaken annual leave where there was no actual barrier to taking leave, even if there was a lack of formal monitoring by the employer.
Award breakdown
Award equivalent: 0.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2304159/2025
- Decision date
- 3 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
- Rep type
- in house
Employment details
- Role
- Senior employee / Statutory Director
- Salary band
- £60,000–£80,000
- Service
- 2 years
Claimant representation
- Represented
- No