Lyons v Mitie Security Ltd [2010] UKEAT 0081_09_1801 (18 January 2010)

Lyons v Mitie Security Ltd [2010] UKEAT 0081_09_1801 (18 January 2010)

The right to statutory paid annual leave is not inalienable and may be subject to statutory or contractual notice requirements, provided these are not operated in an unreasonable, arbitrary, or capricious manner. The Tribunal erred by failing to properly analyse whether the employer breached the contractual...

Source-derived case information.

Citation
[2010] UKEAT 0081_09_1801
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
18 January 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; matter remitted for rehearing
Legal Topics
Holiday Pay, Working Time Regulations, Constructive Dismissal
Employment Law Holiday Pay Working Time Regulations Constructive Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether entitlement to minimum paid holiday leave under the Working Time Regulations can be subject to statutory or contractual notice requirements
  2. 2 Whether the employer's refusal to pay holiday pay and other conduct amounted to a breach of contract justifying constructive dismissal

Ratio Decidendi

The right to statutory paid annual leave is not inalienable and may be subject to statutory or contractual notice requirements, provided these are not operated in an unreasonable, arbitrary, or capricious manner. The Tribunal erred by failing to properly analyse whether the employer breached the contractual provisions regarding holiday entitlement and by not considering the cumulative effect of the employer's conduct in relation to constructive dismissal.

Court Disposition

Appeal allowed in part; matter remitted for rehearing

Orders

  • The matter is remitted to a different Tribunal for a rehearing.