Claimant v McGeoch Technology Limited
Outcome
Individual claims
The tribunal found there was an agreement permitting the claimant to carry over 15.5 days of annual leave from 2020 and to be paid in lieu upon termination. The respondent's failure to make this payment constituted a breach of contract. The claimant was entitled to manage his own leave without restriction, and the email of 31 May 2024 reflected an existing agreement, not an offer.
The tribunal found that the effective date of termination was 28 June 2024, not 07 June 2024 as contended by the respondent. By treating 07 June 2024 as the termination date, the respondent breached the contract and failed to pay the claimant's car allowance and pension contributions for the last three weeks of June 2024.
The tribunal found the respondent breached the contract by failing to pay accrued holiday pay of 15.5 days and by treating the wrong date as the termination date, resulting in loss of car allowance and pension contributions. The claimant succeeded on both breach of contract claims.
Facts
The claimant was employed as Operations Director by a manufacturer of marine lighting and electrical systems from January 2020 until June 2024. He accrued 15.5 days of holiday from 2020 which he was permitted to carry over indefinitely under an agreement that he would manage his own leave. Upon resignation, the parties agreed he would not take all leave before termination to facilitate handover, and would be paid in lieu. The respondent then treated 07 June 2024 as the termination date rather than the agreed 28 June 2024, and refused to pay the carried-over holiday or benefits for the final three weeks.
Decision
The tribunal found in favour of the claimant on both claims. There was a clear agreement permitting indefinite carry-over of the 15.5 days of leave, and an agreement that this would be paid upon termination on 28 June 2024. The respondent breached the contract by refusing to pay the accrued holiday and by treating 07 June 2024 as the termination date, resulting in loss of car allowance and pension contributions. The claimant was awarded £6,806.86 comprising holiday pay, pension contributions and car allowance.
Practical note
A written agreement to carry over holiday beyond statutory limits, where more favourable to the employee than WTR provisions, is enforceable even where the original contract prohibited carry-over without written consent — contemporaneous email correspondence can demonstrate such an agreement.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6008248/2024
- Decision date
- 23 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Operations Director
- Service
- 4 years
Claimant representation
- Represented
- No