Cases6015922/2024

Claimant v Oldham Metropolitan Borough Council

11 August 2025Before Employment Judge CooksonManchesterremote video

Outcome

Claimant succeeds£2,610

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from the claimant's wages in respect of holiday pay to which she was entitled on termination of employment for 14 days accrued but not taken leave, including leave protected under Regulation 13(15) of the Working Time Regulations. The claim was therefore well-founded.

Facts

The claimant brought a claim for unauthorised deductions from wages relating to holiday pay on termination of employment. The respondent, Oldham Metropolitan Borough Council, deducted holiday pay to which the claimant was entitled in respect of 14 days of accrued but untaken leave at termination. The matter was heard remotely by video on 11 August 2025, with the claimant appearing in person and the respondent represented by a solicitor.

Decision

The tribunal found in favour of the claimant, determining that the respondent made an unauthorised deduction from wages in respect of holiday pay for 14 days accrued leave on termination, including leave protected under Regulation 13(15). The respondent was ordered to pay the claimant £2,610.13 gross.

Practical note

Employers must pay for all accrued but untaken annual leave on termination of employment, including statutory leave protected under the Working Time Regulations.

Award breakdown

Holiday pay£2,610

Legal authorities cited

Statutes

Working Time Regulations 1998, Regulation 13(15)

Case details

Case number
6015922/2024
Decision date
11 August 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No