The Complainant was employed by the Respondent company from the 18th of July 2005 until the 15th of July 2020 at which time his position was made redundant.  He had been placed on temporary layoff from 1st of April 2020 prior to his post being made redundancy on the 15th of July 2020.  During this time period, the Respondent was under company examinership. The COVID 19 crisis was unprecedented and the Respondent’s entire fleet of aircraft had been grounded and subsequently 700 employees across the CityJet group were made redundant.

Upon being made redundant, the Complainant contended that he was entitled to 36.5 days annual leave and this was confirmed by the Respondent, though the Respondent decided to only