Cases6004239/2025

Claimant v Metropolitan Police Service

25 June 2025Before Employment Judge KilgannonLondon Centralremote video

Outcome

Partly successful£4,716

Individual claims

Otherstruck out

The claim for compensation for untaken 'rest days' was struck out under Rule 38(1)(a) because it had no reasonable prospect of success. The tribunal found that this type of claim could not succeed on the law.

Holiday Paysucceeded

The tribunal found the Respondent failed to pay the Claimant's holiday entitlement of 24 days under the Working Time Regulations 1998. The claim for unpaid holiday pay was well-founded and the tribunal ordered payment.

Facts

The Claimant brought two claims against the Commissioner of the Police of the Metropolis: one for compensation for untaken 'rest days' and one for unpaid holiday pay under the Working Time Regulations 1998. The tribunal heard preliminary issues at a remote video hearing. The Claimant appeared in person while the Respondent was represented by counsel instructed by TLT LLP.

Decision

The tribunal struck out the rest days claim as having no reasonable prospect of success under Rule 38(1)(a). However, the holiday pay claim succeeded. The tribunal found the Respondent had failed to pay 24 days of holiday entitlement and ordered payment of £4,716.17 gross.

Practical note

Claims for 'rest days' compensation are unlikely to succeed and can be struck out, but unpaid holiday entitlement under the Working Time Regulations remains a viable claim even against public sector employers.

Award breakdown

Holiday pay£4,716

Legal authorities cited

Statutes

Working Time Regulations 1998Employment Tribunal Rules 2024 Rule 38(1)(a)

Case details

Case number
6004239/2025
Decision date
25 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
emergency services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No