Claimant v Chaddlewood Farm Community Association
Outcome
Individual claims
The tribunal found the claimant had accrued 16 weeks holiday totalling £3842.06 for leave years 2020-2024. She was entitled to carry over leave under regulation 13(15) due to sick leave, and regulation 13(17) because the respondent failed to encourage her to take leave or inform her it would be lost. However, her claim for payment failed because she had not given notice of her intention to take the holiday as required by regulation 15 WTR. Payment in lieu can only be made on termination. The claimant remains employed and must give notice to take the holiday before payment is due.
The parties agreed the claimant's employment had not been terminated and she remained employed. As her employment had not ended, her claim for redundancy pay was not well founded.
The tribunal found no unlawful deduction from wages had occurred because the claimant had not given notice of the dates she wished to take her holiday as required by regulation 15 WTR. Until she gives such notice, no deduction arises. The claim failed on this procedural ground, though the underlying entitlement to the leave was established.
Facts
The claimant worked as Company Secretary and Administrator for a community association from August 1996, working 16 hours per week. She became unfit for work on 1 September 2019 due to inoperable cancer and has not returned since. She was paid holiday pay for 2019/20 but received no holiday pay for subsequent years. In May and August 2022 she emailed requesting holiday pay but received no response. The respondent admitted she had accrued holiday but argued she could not be paid because she had not requested specific dates to take the holiday and her leave had expired under the Working Time Regulations.
Decision
The tribunal found the claimant had accrued 16 weeks holiday worth £3842.06 which she was entitled to take, as the respondent had failed to encourage her to take leave or inform her it would be lost, allowing her to carry it forward under regulation 13(17) WTR. However, her claim for payment failed because she had not given notice of her intention to take the holiday as required by regulation 15, and payment in lieu can only be made on termination. The tribunal directed the respondent to contact the claimant about how to request the holiday.
Practical note
An employee on long-term sick leave can accrue and carry forward multiple years of holiday where the employer fails to encourage them to take it or warn them it will be lost, but they must still give notice to take the holiday before payment becomes due - merely claiming payment in the tribunal without giving notice to take leave is insufficient.
Legal authorities cited
Statutes
Case details
- Case number
- 1401074/2023
- Decision date
- 3 July 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Company Secretary and Administrator
- Service
- 27 years
Claimant representation
- Represented
- No