B Knight v Off Broadway Limited

Parties

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

1. 1 Whether the claimant was entitled to carry over unused holiday entitlement from 2019/2020 under the Working Time (Coronavirus) (Amendment) Regulations 2020
2. 2 Whether the tribunal erred in its application of the law regarding carry-over of leave and the burden of proof as per Shimizu
3. 3 Whether the respondent fulfilled its duty to inform the claimant about the loss of untaken leave

Ratio Decidendi

The tribunal erred by failing to specifically apply the Shimizu principles regarding the employer's duty to inform the employee about the loss of untaken leave and by not making findings on whether that duty was fulfilled. The appeal is allowed to the extent that these issues are remitted for further determination.

Court Disposition

appeal allowed in part; remitted for further determination

Orders

• The questions of whether the respondent complied with the Shimizu duty and, if not, what holiday the claimant took in 2019/2020 are remitted to the tribunal for determination.
• Any application to admit new evidence is to be determined by the tribunal.