Claimant v JJs Management Ltd
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The claim was well-founded.
The tribunal found that when proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There were no exceptional circumstances that made an award unjust or inequitable, and it was just and equitable to make an award equal to four weeks' gross pay.
Facts
Mr Robinson was employed by JJs Management Ltd. When his employment ended, the respondent failed to pay him for accrued but untaken holiday. The respondent also failed to provide him with a written statement of employment particulars as required by law. The claimant brought claims for unpaid holiday pay and in respect of the failure to provide employment particulars.
Decision
The tribunal found both claims succeeded. The respondent had made an unauthorised deduction from wages by failing to pay accrued holiday pay. The respondent had also breached its duty to provide written employment particulars, and the tribunal found it just and equitable to award four weeks' gross pay. Remedy to be determined at a further hearing.
Practical note
Employers must ensure they pay all accrued holiday on termination and provide written statements of employment particulars, or face awards of up to four weeks' pay plus unpaid holiday.
Case details
- Case number
- 6022911/2024
- Decision date
- 5 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No