The Employment Appeal Tribunal (EAT) has granted The Big Table Group permission to appeal the Employment Tribunal’s decision on all grounds at a hearing on 24 September 2026 before Judge Stout.

This key litigation centers on whether tronc payments and distributed tips should be included in the calculation of statutory holiday pay, an issue with widespread implications across the UK hospitality sector and indeed any business distributing discretionary tips, service charges and gratuities through a tronc.

The ET previously held that tips distributed through the employer’s payroll formed part of “normal pay” for holiday calculations. With permission granted on all grounds, the EAT will now reconsider the legal interaction between employee-administered tronc schemes, contractual entitlements, and normal remuneration under statutory holiday pay regulations.

Given the potential precedent for hospitality operators and employers relying on tronc systems, this hearing will undoubtedly have broad application across varying sectors.

We will share further developments as the appeal progresses.

A spokesperson from BTG commented:

“We are pleased that the Employment Appeal Tribunal has granted permission to appeal on all grounds. We continue to believe that the original decision does not accurately reflect the operation or intention of independently administered tronc schemes or the way discretionary tips are distributed within our industry.

We look forward to presenting our case at the full appeal hearing. Given the significance of this issue for businesses across the hospitality sector and beyond, it is important that there is clarity and certainty in the application of the law for both employers and employees”

Paras Gorasia (Parity Chambers) and Cormac Devlin (Doughty Street Chambers) represent The Big Table Group instructed by Avril England and Emily Pitts (Gateley Legal).

The EAT has allowed Ms Furbacher’s appeal against the Employment Tribunal’s refusal to permit amendments to her claim. The case concerned the amendment of an existing whistleblowing/unfair dismissal claim at an early stage of proceedings. The EAT concluded that the Employment Tribunal had misdirected itself in treating the proposed amendments as a major amendment made at a late stage and had inadequately assessed the balance of prejudice. In an unusual step, the EAT overturned the Employment Tribunal’s decision and allowed the amendments itself, rather than remitting the matter for reconsideration.

The judgment provides a useful reminder of the importance of taking a practical and proportionate approach when considering applications to amend, particularly where proceedings remain at an early stage and the proposed amendments are closely connected to the existing pleaded case.

A copy of the judgment can be found here

Chambers is delighted to announce that David Stephenson has been listed in Doyle’s Guide 2026 rankings of Leading Employment Law Junior Counsel in London. The rankings highlight the city’s leading junior barristers practising in employment and industrial relations law across the Greater London legal market, recognised for their expertise and strong reputation in these areas.

Further information about the Recognition List can be found here:

Leading Employment Law Junior Counsel – London, 2026 – Doyle’s Guide

Chambers is delighted to announce that both Paras Gorasia and David Stephenson have been included in the Pro Bono Recognition List of England and Wales, in recognition of their outstanding commitment to providing pro bono legal services.

The Pro Bono Recognition List celebrates barristers and solicitors who have contributed 25 hours or more of pro bono legal assistance over the previous calendar year.

Further information about the Recognition List can be found here: https://lnkd.in/dFM9C_sZ

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