Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University. As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal. At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.
Background:
The claimant worked as a manager of a bar during the Covid pandemic. The claimant (and other members of staff) had been dismissed when it was discovered that the rules regarding lockdown had not been followed. A separate claim was brought about holiday pay as he claimed he should have been able to roll over holidays from the previous year into the 2020/2021 year and that he would be due the amount from the 2019/2020 year too.
Outcome:
At first instance, the unfair dismissal claim succeeded but the holiday pay claim was rejected. The claimant appealed the decision in relation to holiday pay. The EAT found amendments made to the Working Time Regulations 1998 during the pandemic allowing four weeks unused holiday pay to be carried forward at the end of the holiday year. However, that did not apply to the claimant’s claim as it related to the year before the pandemic and the changes to the legislation arose. However, the EAT did find that the Tribunal had not considered whether the claimant had been given enough information in relation to his holiday entitlement and the extent to which it could be carried over. This element was remitted back to the Tribunal for a decision.
Practical Guidance for Employers:
One of the smaller changes because of the pandemic was to allow for a greater amount of holiday entitlement to be carried over into the next year. This was covered in this case but did not allow for the claim to succeed on the basis that the claimant was able to take his leave during the period he was seeking to bring forward. However, it is important to note that his claim could still succeed if it was found that there was insufficient information given about holiday entitlement and being able to carry some forward. Employers should be reminded that they must inform their employees about the entitlement and the rules as they apply within the workplace.
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