Estate Manager Secures £400,000 for 827 Unused Holiday Days

Estate Manager Secures £400,000 for 827 Unused Holiday Days

Below are the key facts extracted from the source material.

  • Name: Mossadek “Moss” Ageli.
  • Employer: Sabtina Limited, offices in London and Milton Keynes.
  • Parent companies: Sabtina is owned by LAFICO, a subsidiary of the Libyan Investment Authority.
  • Job roles: Joined 1987 as deputy managing director, later commercial manager.
  • Holiday accrual: 827 unused holiday days recorded from 1998 onward.
  • Holiday entitlement: Increased from 30 to 45 days in 1996.
  • Earlier practice: No holidays taken between 1987–1989; 200 days refused between 1988–1996.
  • Formal agreement: From 1998 the company agreed to pay in lieu for untaken holiday.
  • Payments: £15,000 paid in lieu in both 2001 and 2004.
  • Dismissal: New board in May 2022 removed duties; dismissed for gross misconduct in March 2024.
  • Tribunal: Watford Employment Tribunal, judge George Alliott presiding.
  • Ruling: Tribunal ordered holiday pay of £392,000 and unfair dismissal awards.
  • Unfair dismissal awards: Compensation of £91,490 and basic award of £14,070.
  • Signatory role: Ageli was sole signatory for over 20 years and did not self-authorise the payments.

Mossadek Ageli, an estate manager and long-serving company executive, successfully challenged his dismissal. The Watford Employment Tribunal found the employer had withheld his holiday pay. The case centred on a decades-old agreement to roll over holiday entitlement and pay it when needed.

Background and employment history

Ageli joined Sabtina Limited in 1987. He served first as deputy managing director and later as commercial manager. He worked from offices in London and Milton Keynes.

In the early years, he and one assistant were the only full-time staff. That situation made taking holiday difficult. Directors also refused around 200 days between 1988 and 1996.

The holiday agreement

His annual entitlement rose to 45 days in 1996. By 1998, the employee and the company formalised a payment-in-lieu arrangement. Two payments of £15,000 in 2001 and 2004 confirmed the practice.

The agreement allowed unused entitlement to roll forward. It also provided for payment when required or on termination.

Dismissal and tribunal claim

A new board appointed in May 2022 reduced Ageli’s responsibilities. His role was removed while he remained employed. In March 2024, he was dismissed for alleged gross misconduct.

The tribunal found procedural failings in the dismissal. Ageli was not given details of the allegations. He had no disciplinary hearing and no opportunity to appeal.

Findings and legal reasoning

Employment Judge George Alliott concluded the company lacked a genuine belief in gross misconduct. The judge also found the investigation was unreasonable. The tribunal held the dismissal to be procedurally unfair.

Damages and awards

The tribunal ordered payment for 827 unused holiday days. That award amounted to £392,000. In addition, the tribunal granted an unfair dismissal compensation of £91,490 and a basic award of £14,070.

The total compensation exceeded £100,000. The holiday award was described as nearly £400,000 in reporting. Ageli had not self-authorised annual payments despite being able to do so.

Company ownership

Sabtina Limited is a wholly owned subsidiary of the Libyan Foreign Investment Company (LAFICO). LAFICO is in turn a subsidiary of the Libyan Investment Authority.

The ruling highlights risks when long-standing informal pay arrangements persist. The judgment affirms employees can accrue entitlement where an employer agrees to roll over unused leave.