Claimant v Cheshire Space Limited
Outcome
Individual claims
The tribunal found that the respondent failed to pay the claimant for 10.5 days of untaken annual leave outstanding upon termination. The claimant provided evidence showing 7 days untaken as at week 45, and accrued a further 3.5 days working until week 51. The respondent's defence that the claimant had been overpaid was not advanced in the response, and the tribunal was satisfied payment had not been made.
Facts
The claimant worked for the respondent from 5 March 2024 to 20 December 2024, earning £16 per hour for a 40-hour week. Upon termination of employment, the respondent failed to pay him for 10.5 days of accrued but untaken annual leave. Evidence showed 7 days untaken as at early November 2024, with a further 3.5 days accruing until termination. The respondent failed to attend the hearing and did not substantiate its assertion that the claimant had been paid in full.
Decision
The tribunal found in favour of the claimant, holding that the respondent breached Regulation 14 of the Working Time Regulations 1998 by failing to pay compensation for untaken annual leave. The tribunal ordered the respondent to pay £1,344 gross, representing 10.5 days of holiday pay at £128 per day, with the claimant responsible for accounting to HMRC for tax and national insurance.
Practical note
Employers must ensure holiday pay calculations on termination are accurate and paid promptly; failure to attend tribunal hearings or substantiate defences will result in judgments based on the claimant's unchallenged evidence.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6009006/2025
- Decision date
- 29 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 9 months
Claimant representation
- Represented
- No