Overworked Estate Manager Secures Landmark £400,000 Holiday Pay Award
An estate manager has been granted a substantial payout of nearly £400,000 by an employment tribunal after failing to take any holiday for an astonishing 827 days over a quarter-century of service. Mossadek 'Moss' Ageli, employed by the Libyan-owned firm Sabtina Limited, was consistently prevented from using his annual leave due to pressing operational demands within the company.
Decades of Accumulated Leave and Formal Agreements
Mr Ageli joined Sabtina Limited in 1987, initially serving as deputy managing director before advancing to commercial manager, with responsibilities spanning offices in London and Milton Keynes. From 1987 to 1989, he took no holiday whatsoever, as he and his personal assistant were the only full-time staff members crucial to the company's daily operations.
Between 1988 and 1996, directors refused 200 of his holiday requests outright. Recognising the ongoing challenges in taking leave, Mr Ageli and the company formalised an agreement in 1998. This arrangement stipulated that he would receive payment in lieu of any untaken holiday, with his annual entitlement increasing from 30 to 45 days in 1996.
He explained to the tribunal: “When it almost became the norm that holidays were difficult to have, I wrote to the non-resident managing director of Sabtina, who was also the managing director of the parent company in Libya. I requested that, as and when required, I receive payment in lieu of unutilised holidays because of the company's circumstances. The managing director agreed and signed the document.”
Payment History and Trust in the System
Over the years, the process became streamlined, with no need for annual paperwork approvals. Mr Ageli simply maintained records of his accrued holiday entitlement. In both 2001 and 2004, he received £15,000 payments for untaken leave, confirming the agreement's validity.
He emphasised his integrity: “Sabtina does not have a pension scheme for employees, and both myself and my PA were saving the holidays we could not take for when needed or at retirement. I was sole signatory for the company for over 20 years and could have signed off payments for myself and my PA each year. However, I did not do that even though it was within my remit. I was relying on receiving these payments.”
Sudden Dismissal and Tribunal Intervention
This long-standing arrangement persisted for decades until May 2022, when a new board of directors took over. They demanded documentation from Mr Ageli and gradually stripped him of his duties, leaving him with no substantive role despite remaining an employee.
In March 2024, he received an email dismissing him for alleged gross misconduct, with claims that previous discussions about his conduct had not led to improvement. Mr Ageli immediately contested this, stating he was unaware of any allegations and had been denied an appeal.
He responded: “I am shocked to have received your email. I know nothing of the allegations you make against me and note that you have not provided any details. I also note that you have not given me any right of appeal; if you had, I would appeal on the grounds that there is no justification whatsoever for your decision.”
Furthermore, the company refused to pay the £392,000 owed for his 827 accrued holiday days since 1998. Mr Ageli subsequently brought the case to the Watford Employment Tribunal.
Tribunal Ruling and Substantial Compensation
Employment Judge George Alliott ruled in Mr Ageli's favour, finding that Sabtina had mistreated him by withholding holiday pay and dismissing him unfairly. The tribunal ordered the company to pay the full £392,000 in holiday pay, plus £91,490 in compensation for unfair dismissal and a basic award of £14,070.
Judge Alliott stated: “I find that it was agreed between Mr Ageli and Sabtina that, with effect from the start of his employment, any unused holiday would be recorded and roll forward each year. I find that it was agreed he would be paid for his holiday as needed or at employment's end. Sabtina did not have a genuine belief that Mr Ageli committed gross misconduct, did not conduct a reasonable investigation, and had no reasonable grounds for that conclusion.”
The judge highlighted procedural unfairness, noting Mr Ageli was not notified of charges or evidence, given no opportunity for representation at a disciplinary hearing, and denied an appeal. Sabtina Limited is a wholly owned subsidiary of the Libyan Foreign Investment Company (LAFICO), which itself is a subsidiary of the Libyan Investment Authority.
