Claimant v University Hospitals Sussex NHS Foundation Trust
Outcome
Individual claims
The tribunal found the claimants' claims to holiday pay in respect of their zero-hours Bank contracts under regulation 16(1) of the Working Time Regulations 1998 were well-founded. The respondent had failed to properly calculate and pay holiday entitlement for workers on zero-hours contracts.
Facts
Multiple claimants working for University Hospitals Sussex NHS Foundation Trust on zero-hours Bank contracts brought claims for unpaid holiday pay. The respondent challenged whether claims were brought in time and disputed the amounts due, producing a Counter-Schedule calculating what it considered to be owed.
Decision
The tribunal found the claims were brought in time and were well-founded under regulation 16(1) of the Working Time Regulations 1998. The respondent was ordered to pay the sums it had calculated in its Counter-Schedule within 28 days, with two claimants given liberty to challenge those calculations if advised.
Practical note
NHS employers using zero-hours Bank contracts must properly calculate and pay holiday entitlement under the Working Time Regulations 1998, and failure to do so will result in liability for unpaid holiday pay.
Legal authorities cited
Statutes
Case details
- Case number
- 1406385/2023
- Decision date
- 11 September 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep