Claimant v CloudSource Ltd

The tribunal found the respondent was justified in requiring the claimant to take 3-6 September 2024 as annual leave because the claimant was in France working remotely without permission, contrary to the respondent's clear policy prohibiting working from outside the UK. The claimant was aware of this policy and had not obtained authorisation.

The respondent unlawfully required the claimant to take 10 days as annual leave between 9-20 September 2024 without giving the required notice under the Working Time Regulations 1998, which mandates twice as many days' notice as the leave period. The respondent gave no notice at all, making the requirement unlawful and entitling the claimant to payment for 10 days of accrued but untaken holiday.

The tribunal found the deduction for the access pass (£25) and portable monitor (£233.10) was authorised under the employment contract. The claimant admitted she did not return these items and the tribunal found she knew she could have returned them to the office despite her claims otherwise.

The tribunal found on the balance of probabilities that the claimant had never been provided with a Kensington dock and that she had already returned the headset prior to resigning. The deduction of £256.86 for these items was therefore unauthorised as the respondent provided no documentary evidence to support that these items were in the claimant's possession.