Following developments in the jurisprudence of the calculation of holiday pay following the landmark judgment in British Airways plc v Williams [2011] IRLR 948 CJEU, the Claimants brought claims for arrears and underpayment of holiday pay in the ET, relying on the WTR 1998 and that they had been subjected to an unlawful deduction of wages under Part II ERA 1996. The claims stated that their holiday pay had been calculated solely by reference to their basic contractual pay and hours  without taking account of various additional elements such as overtime, standby payments, shift premium/allowances, commission and other payments, resulting in an underpayment of their holiday pay entitlement. After several hearings, the Claimants were ordered to provide further particulars of their claim and schedules of loss - the ET found that they had complied with this unless order and therefore the claims could be heard. The Respondents appealed, arguing that it was a misdirection to approach the question of material non-compliance globally or generally, rather than in respect of each Claimant.

The EAT dismissed the appeal. The ET had not adopted a global approach to material compliance but had considered each claim individually. The ET had considered, and been entitled to reject, the many detailed points advanced by the Respondents concerning the further information and calculation schedules supplied by the Claimants.