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England and Wales decisions
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The claimant was a worker, not self-employed, as the respondent exercised significant control over his work, pay, and hours, and there was no contractual or written authorisation for wage deductions. The claimant was entitled to holiday pay and repayment of unauthorised deductions.
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The Employment Tribunal erred in law by striking out the holiday pay complaint without properly analysing whether the rolled-up holiday pay arrangement was transparent and comprehensible, and without considering the core of disputed fact. Such arrangements are unlawful, and the burden was on the respondent to prove transparency and comprehensibility. Strike-out was inappropriate.
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The Tribunal erred in law by refusing to provide written reasons, refusing reconsideration, and not considering the Respondent's submissions on remedy; the basis for calculation of redundancy and holiday pay was unclear and disputed, requiring remittal for proper determination.
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The tribunal erred by awarding notice pay for a period longer than the contractual one week; the communications constituted acceptance of resignation, not wrongful dismissal, and the employee was not entitled to further notice pay.
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The Employment Appeal Tribunal dismissed an appeal about bank-holiday pay and holiday carryover, finding no error in the tribunal’s reasoning.
Chassy v Left Shift IT Ltd & Ors [2025] EWHC 225 (KB) (04 February 2025)
High Court employment and contract claim over unpaid salary, pension, holiday pay, expenses, assignment of claims, and alleged director liability.
The tribunal was entitled to revoke the claimant's anonymity and reporting restriction orders as the protection of the Sexual Offences (Amendment) Act 1992 did not apply to allegations made only in tribunal proceedings and the claimant's allegations were found to be false. The holiday pay claim failed as the tribunal was entitled to find the claimant was not sick on the relevant days. The costs order was justified given the claimant's unreasonable conduct and failure to provide adequate evidence of means.
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All underpayments of holiday pay based on the same calculation error form part of a series of deductions within the jurisdiction of the tribunal, and the claim for unlawful deduction of wages is well founded and in time.
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The tribunal did not err in refusing the amendment to add the national minimum wage claim or the wider holiday pay claim based on keyholding time, as it properly considered the relevant factors and balanced the hardship, but failed to consider a narrower holiday pay claim based solely on periods of actual viewing assignments. That discrete issue is to be remitted for consideration by a different judge.
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The appeal was allowed on grounds 1 and 2 because the Employment Judge failed to consider the claimant's written amendment application before striking out the claims and did not properly identify the substance of the claims, particularly regarding time limits. The Judge's finding that there was no amendment application was incorrect, and the application should have been considered before determining the parameters of the claim. Grounds 3 and 4 were not addressed as they depend on the outcome of the amendment application. Ground 5 was dismissed as the Judge's finding on the correct respondent…
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