Claimant v The Spotted Cow
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 the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. The tribunal determined it was just and equitable to make an award under section 38 Employment Act 2002.
Facts
The claimant, Ian Ratcliffe, brought claims against his former employer The Spotted Cow, a hospitality business. The claimant was owed holiday pay for accrued but untaken holidays at the end of his employment. The respondent had also failed to provide the claimant with a written statement of employment particulars. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £397.60 in unpaid holiday pay and £251.68 (four weeks' gross pay) for breach of the duty to provide written employment particulars under section 38 of the Employment Act 2002, for a total award of £649.28.
Practical note
Employers who fail to attend tribunal hearings risk default judgments, and failure to provide written statements of employment particulars can result in additional awards of up to four weeks' pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6018607/2024
- Decision date
- 8 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- The Spotted Cow
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No