Claimant v The British Council
Outcome
Individual claims
The respondent made unauthorised deductions from wages by failing to include overtime pay in regulation 13 Working Time Regulations 1998 holiday pay. This was contrary to section 13 Employment Rights Act 1996.
The respondent did not make unauthorised deductions from wages by failing to include bonus pay in regulation 13 Working Time Regulations 1998 holiday pay. The tribunal found no breach of section 13 Employment Rights Act 1996 on this element.
The respondent did not make unauthorised deductions from wages by failing to include overtime and/or bonus pay in regulation 13A Working Time Regulations 1998 holiday pay. No breach of section 13 Employment Rights Act 1996 was found.
The respondent did not make unauthorised deductions from wages by failing to include overtime and/or bonus pay in contractual holiday pay. The tribunal found no breach of section 13 Employment Rights Act 1996 for contractual holiday pay claims.
Facts
The claimant brought claims for unlawful deduction of wages relating to holiday pay calculations. He alleged the respondent failed to include overtime and bonus payments when calculating his statutory holiday pay under regulation 13 and 13A Working Time Regulations 1998, and contractual holiday pay. The respondent, the British Council, contested most of these claims.
Decision
The tribunal found the respondent made unauthorised deductions by failing to include overtime pay in regulation 13 WTR holiday pay, but succeeded on all other aspects. No financial award was made because the respondent had already repaid the amounts due. The tribunal also found the respondent unreasonably failed to follow the ACAS grievance procedures, though this resulted in no additional payment given the zero award.
Practical note
Employers must include overtime pay in regulation 13 Working Time Regulations holiday pay calculations, but claims may result in no award if back-payment has already been made before judgment.
Legal authorities cited
Statutes
Case details
- Case number
- 3200792/2024
- Decision date
- 1 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No