Claimant v Brood Roastery Ltd (in voluntary liquidation)
Outcome
Individual claims
The tribunal found that the Respondent breached the Claimant's right to annual leave under the Working Time Regulations 1998 by failing to confirm her right to paid annual leave and by failing to enable her to take any annual leave throughout her employment. She was therefore entitled to payment in lieu of accrued statutory annual leave on termination.
Facts
The Claimant was employed by Brood Roastery Ltd, which subsequently went into voluntary liquidation. Throughout her employment, the Respondent failed to confirm her right to paid annual leave and failed to enable her to take any annual leave. The Respondent did not attend the hearing. The Claimant had received a partial payment of £854.10 from the Redundancy Payment Office.
Decision
The tribunal upheld the Claimant's claim for holiday pay, finding that the Respondent breached her rights under the Working Time Regulations 1998. The tribunal ordered payment of the balance of £2,629.11 net (from a gross entitlement of £3,483.21 less the £854.10 already received) to be paid after accounting for tax and national insurance.
Practical note
Employers must not only confirm employees' rights to paid annual leave but must also enable them to take that leave; failure to do so entitles employees to payment in lieu on termination covering the entire period of non-compliance.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6001417/2025
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No