Automated Summary
Key Facts
The Employment Tribunal ruled on multiple claims by employees against Veolia ES (UK) Limited regarding unpaid holiday pay. Key outcomes included: Mr Turpie's claim was successful with an ordered payment of £1317.66 plus £1100 for tribunal fees; Mr Kowalowski's claim was listed for a remedy hearing; claims by Mr Harding, Mr Davies, and Mr Mahlangu were struck out for failing to actively pursue the case. The tribunal determined that certain voluntary overtime payments constituted 'normal pay' and should be included in holiday pay calculations under the Working Time Regulations 1998, referencing EU law and cases like Bear Scotland and Lock. The hearing occurred at Watford Employment Tribunal from 5 to 8 June 2017 before Employment Judge Skehan.
Issues
- Whether voluntary overtime was worked with sufficient regularity to form part of 'normal remuneration'
- Whether the claimants worked guaranteed, non-guaranteed, or voluntary overtime
Holdings
- Mr. Mahlangu's claim for unpaid holiday pay was struck out and dismissed. The court determined his failure to confirm a witness statement and non-compliance with tribunal directions constituted unreasonable conduct under Rule 37 of the ET Rules.
- Mr. Kelynack's claim for unpaid holiday pay is bound by the court's decision. The court found his regular weekend voluntary overtime, despite limited weekday overtime, had the required predictability and permanency to be included in 'normal remuneration' under EU law.
- Mr. Hunter's claim for unpaid holiday pay is bound by the court's decision. The court concluded his sporadic voluntary overtime lacked sufficient regularity and permanency to qualify as 'normal remuneration' under EU law.
- Mr. Johnson's claim for unpaid holiday pay is bound by the court's decision. The court found his regular weekend voluntary overtime to have a sufficient intrinsic link and permanency to be included in 'normal remuneration' under EU law.
- Mr. Kowalowski's claim for unpaid holiday pay was listed for a remedy hearing. The court found his regular voluntary weekend and weekday overtime, despite a two-month gap, to be part of 'normal remuneration' due to its predictability and permanency. The case is pending final remedy determination on 12 September 2017.
- Mr. Dwight's claim for unpaid holiday pay was struck out due to being time-barred. The court revoked the earlier amendment application, as his claim was submitted eight months after the last deduction, exceeding the three-month limitation period. However, his case is considered alongside others for final determination on 12 September 2017.
- Mr. Harding's claim for unpaid holiday pay was struck out and dismissed. The court found that his failure to provide evidence and non-compliance with tribunal orders constituted unreasonable conduct, leading to the strike out under Rule 37 of the ET Rules.
- Mr. Turpie's claim for unpaid holiday pay was successful. The court determined that his regular voluntary overtime, including weekend duties and ad hoc breakdown coverage, formed part of his 'normal remuneration' under EU law, as it was sufficiently regular and permanent. The respondent is ordered to pay £1317.66 in addition to £1100 in tribunal fees.
- Mr. Panagiodis's claim for unpaid holiday pay is bound by the court's decision. The court determined his substantial and regular voluntary weekday and weekend overtime formed an intrinsic link to his work, warranting inclusion in 'normal remuneration' under EU law.
- Mr. Davies's claim for unpaid holiday pay was struck out and dismissed. The court concluded his failure to participate actively in proceedings, including refusing to attend and provide evidence, amounted to unreasonable conduct under Rule 37 of the ET Rules.
Remedies
Mr Turpie's claim for unpaid holiday pay was successful. The Respondent is ordered to pay an agreed sum of £1317.66 for the deduction and £1100 for employment tribunal fees within 14 days of the judgment date.
Monetary Damages
2417.66
Legal Principles
The tribunal applied the principle that voluntary overtime may constitute 'normal remuneration' for holiday pay calculations if it is worked with sufficient regularity and permanency to form part of the employee's normal working pattern. This aligns with EU law interpretations in cases like Williams v British Airways and Lock v British Gas, emphasizing that holiday pay must reflect the worker's typical earnings, including overtime if it is a predictable and recurring feature of their employment.
Precedent Name
- Amey Services Limited & Enterprise v Aldridge and others
- Bear Scotland v Fulton
- Rawson v Doncaster NHS Primary Care Trust
- Newsquest (Herald and Times) Ltd v Keeping
- Williams v British Airways Plc
- Patterson v Castlereagh Borough Council
- Selkent Bus Co v Moore
- Lock v British Gas Trading Ltd
Cited Statute
- Working Time Regulations 1998
- Employment Rights Act 1996
Judge Name
Employment Judge Skehan
Passage Text
- Mr Turpie's claim for unauthorised deduction from his wages in respect of unpaid holiday pay pursuant to the Working Time Regulations 1998 is successful, to the extent set out below, and the Respondent is ordered to pay to Mr Turpie the agreed sum of £1317.66 in addition to the sum of £1100 in respect of employment tribunal fees within 14 days from the date of this judgment.
- Mr Kowalowski's claim for unauthorised deduction from his wages in respect of unpaid holiday pay pursuant to the Working Time Regulations 1998 is successful, to the extent set out below. This claim has been listed for a remedy hearing at Watford Employment Tribunal, Radius House, 51 Clarendon Road, Watford WD17 1HP to start at 10.00am or so soon thereafter as possible on 12 September 2017.
- Mr Harding's claim for unauthorised deduction from his wages in respect of unpaid holiday pay pursuant to the Working Time Regulations 1998 is struck out in accordance with Rule 37 of the ET Rules and dismissed.