The claim was for unauthorised deductions from wages contrary to Article 45 of the Employment Rights (NI) Order 1996 and/or breach of the Working Time Regulations (NI) 1998. The claimant carried out regular occasional/relief work for the respondent and later commenced full-time employment as an Assistant Plant Engineer, but continued to carry out regular relief work also. He complained, inter alia, that he no longer received any payment for annual leave, calculated on the basis of such occasional/relief work.  

Central to the issue in the proceedings was whether any period of annual leave which the claimant was entitled to should be calculated pursuant to Article 17 or Article 20 of the Employment Rights (NI) Order and whether the claimant