Claimant v The Guinness Partnership Limited
Outcome
Individual claims
The tribunal found that contractual overtime payments had not been properly included in the claimant's holiday pay calculations for the two-year limitation period. The respondent accepted the principle that contractual overtime should have been included. The tribunal calculated that the claimant was entitled to £1544.45 in unpaid holiday pay element relating to 20 days of regulation 13 leave, using an approved formula of annual overtime (£9384.84) divided by 52.14 to get a week's pay (£179.99), then divided by 5 to get a daily rate (£36). After offset of £1439.97 already paid by the respondent, the claimant was awarded £104.48.
Facts
Mr Aylett worked as a multiskilled joiner for The Guinness Partnership from June 2011. He had 29 days annual leave and worked fixed hours plus contractual overtime. Over 11 years, he alleged his holiday pay had been incorrectly calculated by excluding contractual overtime payments. The respondent accepted the principle that contractual overtime should have been included but disputed the time period and calculation methodology. The claimant received £1439.97 from the respondent prior to the hearing as a payment towards the shortfall. The matter proceeded by way of submissions on agreed facts.
Decision
The tribunal found in favour of the claimant but limited recovery to a two-year period (January 2022 to January 2024) under the Deduction from Wages (Limitation) Regulations 2014. The tribunal approved the respondent's calculation methodology, finding the contractual overtime element of holiday pay should attach to the 20 days of regulation 13 leave only, not the full 29-day entitlement. After offset of the £1439.97 already paid, the tribunal awarded £104.48. The tribunal declined to award interest, finding it had no statutory jurisdiction to do so in unlawful deduction claims.
Practical note
Holiday pay claims for non-inclusion of contractual overtime are now subject to a strict two-year limitation period, and the overtime element attaches only to the 20 days of regulation 13 leave, not additional contractual holiday entitlement.
Award breakdown
Award equivalent: 0.2 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2401238/2024
- Decision date
- 13 June 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- multiskilled joiner
- Salary band
- £30,000–£40,000
- Service
- 13 years
Claimant representation
- Represented
- No