Claimant v SE8 London Limited
Outcome
Individual claims
The Respondent accepted that holiday pay was owing. The Tribunal calculated that the Claimant was entitled to 5.49 weeks of paid holiday based on 51 out of 52 weeks worked in his holiday year. The total accrued holiday pay was £899.93, less £149.87 already paid, leaving a balance of £750.06 owed to the Claimant.
The Respondent admitted that no written statement of employment particulars had been provided throughout the Claimant's 12-month employment. The Tribunal found this was a breach of the Claimant's statutory right under section 1 of the Employment Rights Act 1996, regardless of the Claimant's casual status. An award of 2 weeks' pay was made under section 38 of the Employment Act 2002.
Facts
The Claimant worked as a barista for approximately 12 months from December 2021 to December 2022 on variable hours, paid £9.50 per hour. He was never provided with a written contract or statement of employment particulars. He did not take any annual leave during his employment and received only £149.87 in respect of accrued holiday pay on termination. The café business has since closed.
Decision
The Tribunal found that the Claimant was entitled to £750.06 in outstanding holiday pay, calculated based on 5.49 weeks of accrued entitlement at an average weekly gross pay of £163.92. The Tribunal also awarded 2 weeks' pay (£327.84) for the Respondent's failure to provide a written statement of employment particulars, finding that the Claimant's casual status did not justify this statutory breach.
Practical note
Even for casual workers with variable hours, employers must provide written statements of employment particulars and properly calculate and pay accrued holiday entitlement on termination, with awards now mandatory for non-compliance with section 1 ERA 1996.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2302162/2023
- Decision date
- 9 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- barista
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor