Claimant v Elpas Limited (in voluntary liquidation)
Outcome
Individual claims
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. The claimant was entitled to payment for 12 days accrued but untaken in 2022/23 leave year and 0.7 days in 2023/24 leave year.
The respondent failed to pay the claimant in accordance with regulation 16(1) of the Working Time Regulations 1998 for 16 days of leave taken in the 2022/23 leave year. The claimant was entitled to payment of £155 per day for this unpaid leave.
The claim for notice pay was well-founded. The respondent failed to pay the claimant one week's notice pay on termination of employment, calculated at £806.
The respondent failed in its duty to provide the claimant with a written statement of employment particulars. The tribunal found no exceptional circumstances making an award unjust or inequitable and awarded four weeks' gross pay under section 38 Employment Act 2002.
Facts
Mr Celik was employed from 2 December 2022 to 9 December 2023, working 52 hours per week at £15.50 per hour. The respondent company went into voluntary liquidation and failed to attend the hearing. The claimant was not paid for 16 days of holiday taken during employment, nor for 12 days of accrued but untaken holiday. He was also not given notice pay or a written statement of employment particulars.
Decision
The tribunal found all claims well-founded in the respondent's absence. The tribunal awarded unpaid holiday pay for leave taken (£2,480), accrued holiday pay on termination (£1,968.50), one week's notice pay (£806), and a penalty for failure to provide written particulars (£3,224), totaling £8,478.50.
Practical note
Where an employer in liquidation fails to attend, unrepresented claimants can still succeed in obtaining default judgments for unpaid wages, holiday pay, and statutory penalties for failing to provide employment particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3304009/2024
- Decision date
- 12 March 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 1 years
Claimant representation
- Represented
- No