Claimant v Kego Limited

Outcome

Facts

The claimant worked as a restaurant supervisor at the respondent's pub from 8 March to 25 July 2024, working 40-45 hours per week on average at £13.50 per hour. He took no annual leave during his employment, including over the Easter bank holiday weekend. On termination, the respondent's accountants sent a payslip showing 63.28 hours of accrued holiday, but the respondent refused to pay and became aggressive when challenged. The de facto manager Nick White attempted to intimidate the claimant into withdrawing the claim via threatening text message shortly before the hearing, stating he would pursue a 'civil action' if the claim continued.

Decision

The tribunal found the claim for unpaid holiday pay succeeded as the respondent provided no evidence to challenge it and did not attend the hearing. The tribunal calculated the claimant was owed 92.4 hours holiday at £13.50 per hour (totalling £1,247.40 gross), based on 43 hours average weekly work over his employment period. The tribunal considered but declined to award costs despite the respondent's unreasonable conduct, as the claimant was self-represented and preparation time would have been minimal.

Practical note

Award breakdown

Legal authorities cited