The Claimant worked as the manager of a bar during the Covid pandemic. He, along with other members of staff, was dismissed when it was discovered he had not followed the rules set down by the Government which required the bar to shut from 10pm. He won his claim for unfair dismissal but his claim relating to holiday pay was dismissed - he claimed that he should be able to roll over holiday from the previous year to 2020 and that he was therefore due that amount of holiday pay for holiday he had not taken. This claim was dismissed because the Claimant did have the opportunity to take holiday during the period in question. The Claimant appealed.

The EAT allowed the appeal in part. The ET did not err in concluding that, on the facts of this case, those provisions did not apply so as to entitle the Claimant to carry over any unused entitlement from 2019/2020, to the next holiday year. However, the ET did err in failing to consider whether the Respondent had done sufficient to inform the Claimant, in particular, that any unused holiday at the end of the holiday year could not be carried over.