This case concerned claims of unlawful deductions in the form of holiday pay where the Claimants claimed that holiday pay should include voluntary overtime payments. The appeal was against a decision by a second ET which varied the first ET's decision relating to time limits.

The EAT allowed the appeal. The second decision had varied the first decision which it had no power to do under Rule 29 ET Rules of Procedure (Serco Ltd v Wells [2016] ICR 768), and/or had in any event wrongly interpreted the first decision. The case was remitted to a fresh Tribunal.