Cases6023527/2024

Claimant v Just the Tipple Ltd

15 May 2025Before Employment Judge LumbyCroydonremote video

Outcome

Partly successful£2,525

Individual claims

Unlawful Deduction from Wagesfailed

The complaint of unpaid overtime was dismissed. The tribunal found that there was no unlawful deduction in respect of the claimed overtime pay.

Holiday Paysucceeded

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.

Facts

The claimant brought claims for unpaid overtime and holiday pay following the end of his employment with the respondent company, Just the Tipple Ltd. The claimant was represented by a lay representative, while the respondent was represented by its director, Mr J Newman. The hearing took place remotely by video.

Decision

The tribunal dismissed the claim for unpaid overtime but upheld the claim for holiday pay. The tribunal found that the respondent had made an unauthorised deduction by failing to pay for accrued but untaken holidays on termination, awarding the claimant £2,525.48.

Practical note

Employers must ensure that accrued but untaken holiday pay is paid upon termination of employment, as failure to do so constitutes an unauthorised deduction from wages.

Award breakdown

Holiday pay£2,525

Case details

Case number
6023527/2024
Decision date
15 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
self

Claimant representation

Represented
Yes
Rep type
lay rep