Claimant v Escape Kent Limited
Outcome
Individual claims
The tribunal found the respondent had verbally agreed to allow the claimant to carry over 66.97 hours of leave from the previous year and grant an additional 40 hours of paternity-related leave. The claimant was owed 28.27 hours of untaken leave at termination, which was not paid. However, the claim succeeded only in part (£480.59 of £821.44 claimed) because the tribunal pro-rated the additional 40 hours leave for the period worked.
Facts
The claimant worked as an Art Team Leader from June 2021 to September 2023. In March 2023, ahead of her wife giving birth in May 2023, the claimant discussed with the director carrying over more than the contractual 40 hours of untaken leave and receiving additional paid leave. She claimed the director orally agreed to carry over 66.97 hours and grant an extra 40 hours of leave. When her employment ended in September 2023, she claimed she was underpaid for 28.27 hours of untaken leave. The respondent denied the oral variation had taken place and counterclaimed for overpayment.
Decision
The tribunal preferred the claimant's evidence and found that the director had orally varied her contract in March 2023 to allow full carry-over and additional leave. The claimant was entitled to payment for 28.27 hours of untaken leave at termination. The tribunal awarded £480.59 gross (less than the £821.44 claimed) because it pro-rated the additional 40 hours for the part-year worked. The respondent's counterclaim was dismissed.
Practical note
Oral variations to employment contracts can be binding if established on the evidence, and tribunals will examine the credibility and consistency of witness evidence, including responses to post-termination correspondence, when determining disputed contractual terms.
Award breakdown
Award equivalent: 0.7 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2302217/2024
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Art Team Leader
- Salary band
- £30,000–£40,000
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep