Claimant v I.C.T.S. (UK) Limited

Outcome

Facts

The Claimant was employed as a security agent at Heathrow airport from May 2023. He accrued 118 hours of annual leave by the end of 2023 but took none. In October 2023, he was suspended pending a disciplinary investigation for allowing an elderly lady into a restricted area. The Respondent's policy prohibited employees from taking annual leave during suspension. The suspension lasted until 11 December 2023. By the time it was lifted, it was practically impossible for the Claimant to take all his annual leave before year-end. The Respondent refused to allow him to carry forward his unused leave to 2024.

Decision

The Tribunal found the claim succeeded. The Respondent's policy of prohibiting annual leave during suspension, combined with the extended length of suspension and timing, meant the Claimant was not given a reasonable opportunity to take his annual leave. He was entitled to carry forward a proportionate amount under Regulation 13(17) of the Working Time Regulations 1998. The Tribunal awarded £424.23 compensation, calculated as 30% of his accrued leave (reflecting the proportion of the leave year he was suspended) at his hourly rate.

Practical note

Award breakdown

Legal authorities cited