Claimant v Lorraine Susan Everett t/a Café Retreat
Outcome
Individual claims
The tribunal accepted the claimant's evidence that she had taken only 14 days holiday during her 12-month employment period, leaving 14 days unpaid. The respondent failed to produce adequate records (timesheets or payslips) to contradict this, despite record-keeping being within their control. The tribunal calculated entitlement based on Working Time Regulations from the TUPE transfer date.
The tribunal found the claimant was entitled to wages for notice period not worked, awarding £18.22. The respondent failed to provide payslips as legally required and did not produce evidence to dispute the claim. The tribunal left this award unchanged despite potential undercalculation to avoid requiring a further hearing on an issue not raised by the respondent.
Facts
The claimant transferred to the respondent's café business under TUPE on 1 October 2022, working for approximately one year. She claimed unpaid holiday pay and deductions from wages relating to her notice period. The respondent applied for reconsideration of a default judgment dated 8 May 2025, claiming the claimant had been paid for 23 days holiday. The respondent failed to attend the reconsideration hearing and produced no documentary evidence such as timesheets or payslips to support their position.
Decision
The tribunal refused the reconsideration application. Employment Judge Tynan found that even if reconsideration had been granted, the original judgment would stand. The claimant's evidence that she had taken only 14 days of her 28-day annual entitlement was accepted, while the respondent's failure to maintain or produce adequate employment records, including mandatory payslips, meant their counter-claim could not be verified. The judgment for holiday pay and unlawful deductions totalling at least £18.22 was upheld.
Practical note
Employers bear the evidential burden of disproving wage and holiday pay claims where they have failed to maintain adequate employment records or issue statutory payslips, and self-represented claimants' evidence will be preferred where credible and the employer produces no documentation.
Legal authorities cited
Statutes
Case details
- Case number
- 3313018/2023
- Decision date
- 8 May 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 1 years
Claimant representation
- Represented
- No