Claimant v Scottish Qualifications Authority
Outcome
Individual claims
Tribunal found claimant was a 'worker' under s.230(3) ERA 1996, entitled to holiday pay. Claim for 2024 contract succeeded (£297 + £51.18 for admin fee element = £348.18 total). Tribunal applied 12.07% accrual rate under amended Working Time Regulations 2023 for irregular hours workers.
Claim for 2023 contract (£89.46) struck out as time-barred. Claimant paid 14 July 2023, claim filed 22 October 2024. Tribunal accepted ignorance of rights was reasonable so not reasonably practicable to file in time, but claimant did not file within reasonable period after becoming aware of rights in July 2024.
Claimant sought payment for additional hours on top of fixed 'admin fee' of £424 for chief invigilator duties. Tribunal held claimant not entitled under contract which specified flat-rate admin fee covering all pre-examination activity. Further, amounts claimed were unquantifiable estimates not capable of objective ascertainment under s.13 ERA.
Facts
Claimant was a retired detective inspector engaged by Scottish Qualifications Authority as an exam invigilator for 2022 and 2023 diets, then as chief invigilator for 2024 diet. She worked on short-term fixed task contracts during annual exam periods (approx 5 weeks). As chief invigilator she coordinated a team of 24 invigilators, was responsible for secure storage of exam papers, delivered training, allocated shifts, and submitted claims for payment. She was paid hourly rates plus a fixed admin fee, with tax deducted but no holiday pay. After being paid holiday pay in other casual roles (election assistant, North Lanarkshire Council invigilator), she claimed holiday pay from SQA in July 2024 for both 2023 and 2024 contracts.
Decision
Tribunal held claimant was a 'worker' under s.230(3)(b) ERA 1996 in both roles, applying Pimlico principles. Limited substitution rights, obligation to perform work personally, and SQA not a client/customer satisfied the test. Claimant entitled to holiday pay for 2024 contract (£348.18 including admin fee element). Claim for 2023 holiday pay time-barred as filed 15 months after payment, and not within reasonable time of becoming aware of rights. Claim for additional hours on top of fixed admin fee failed: not contractually due and amounts unquantifiable.
Practical note
Exam invigilators and chief invigilators on short-term contracts with limited substitution rights and obligation to perform personally are 'workers' entitled to holiday pay, even if labelled 'appointees' and engaged on task-based contracts.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8001728/2024
- Decision date
- 1 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Invigilator and Chief Invigilator
- Service
- 2 years
Claimant representation
- Represented
- No