Overworked Estate Manager Secures £400,000 Payout for 827 Days of Untaken Holiday
Mossadek 'Moss' Ageli, a real estate manager, has been awarded nearly £400,000 after accumulating a staggering 827 unpaid holiday days over 25 years of service. The Watford Employment Tribunal ruled that Mr Ageli was owed £392,000 for the accrued holiday, dating back to 1998, alongside an additional £105,000 in compensation following a successful unfair dismissal claim.
Decades of Unused Leave and Formal Agreements
Mr Ageli worked for the Libyan-owned firm Sabtina Limited, where operational demands consistently prevented him from taking his annual leave. In the early years, from 1987 to 1989, he took no holiday as he and his PA were the only full-time staff essential for the company's functioning. Directors refused 200 of his holiday days between 1988 and 1996.
By 1998, recognising the ongoing difficulty in taking leave, Mr Ageli and the company formalised an agreement for him to be paid for his untaken holiday. He stated to the tribunal: “When it almost became the norm that holidays were difficult to have, I wrote to the non-resident managing director... I requested that, as and when required, I receive payment in lieu of unutilised holidays because of the circumstances of the company. The managing director agreed and signed the document.”
This agreement was in place for decades, with Mr Ageli giving up holiday in return for extra pay. In both 2001 and 2004, he was paid £15,000 in lieu of holiday, demonstrating that the arrangement was active, and it was agreed that payments would roll over annually.
Sudden Dismissal and Withheld Payments
In May 2022, the board of directors was replaced, and the new directors demanded documentation from Mr Ageli, slowly removing his duties until he had no role at the company. In March 2024, he received an email dismissing him for gross misconduct, with the director claiming prior discussions about his conduct that Mr Ageli denied.
He immediately replied: “I am shocked to have received your email. I know nothing of the allegations you make against me and note that you have not given me any details of the same. I also note that you have not provided me with any right of appeal.” He was also informed that he would not be paid for the 827 unpaid holiday days accrued since 1998, totalling £392,000.
Tribunal Ruling and Compensation Details
Mr Ageli took Sabtina to an employment tribunal, where Employment Judge George Alliott agreed he had been mistreated by having his holiday pay withheld. The tribunal ordered the company to pay the full amount of holiday pay owed, plus £91,490 for unfair dismissal and a basic award of £14,070.
The judge 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 any unused entitlement would roll forward each year. I find that [Sabtina] did not have a genuine belief that [Mr Ageli] had committed gross misconduct and did not conduct a reasonable investigation.”
Sabtina Ltd is a wholly owned subsidiary of the Libyan Foreign Investment Company (LAFICO), which in turn is a subsidiary of the Libyan Investment Authority. This case highlights significant issues in workplace rights and holiday entitlement management.
