Claimant v Providence Bay Restaurants Ltd (in voluntary liquidation)
Outcome
Individual claims
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
Mr Lazzeri's employment with Providence Bay Restaurants Ltd ended on 30 September 2023. At the time his employment ended, he had accrued holiday entitlement that had not been taken and was not paid. The respondent company subsequently went into voluntary liquidation and did not attend the tribunal hearing.
Decision
The tribunal found the complaint of holiday pay well-founded, ruling that the respondent made an unauthorised deduction from wages by failing to pay for accrued but untaken holidays. The tribunal ordered the respondent to pay £712.50 in unpaid holiday pay.
Practical note
Even when a company is in voluntary liquidation and fails to attend, tribunals will rule on holiday pay claims where the employer has made unauthorised deductions for accrued but untaken holidays upon termination.
Award breakdown
Case details
- Case number
- 3301540/2024
- Decision date
- 12 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No