Claimant v Butter on the Bread Limited
Outcome
Individual claims
The Respondent filed an ET3 but did not set out a denial or substantive defence to the claim for unpaid accrued holiday. The tribunal determined the claimant was entitled to payment for 61 days of accrued but untaken holiday based on his statutory entitlement of 28 days per year over his 26-month employment period, during which he received no paid holiday.
Facts
The claimant was employed by Butter on the Bread Limited from 1 May 2022 to 5 July 2024. He was not paid for any holiday during his employment and claimed accrued holiday pay. The respondent filed a defence but did not substantively deny the claim or attend the hearing, having made an unsuccessful late postponement application. The claimant had no normal working hours and his average weekly pay was calculated at £314.83.
Decision
The tribunal determined the claim on the papers and oral clarification from the claimant. The claimant succeeded in his holiday pay claim and was awarded £3,840.92 representing 61 days of accrued but untaken statutory holiday, calculated using the Working Time Regulations 1998 and section 224 ERA 1996.
Practical note
Employers who fail to provide substantive defences to holiday pay claims and do not attend hearings risk judgments being made against them based on the claimant's documentation and evidence alone.
Award breakdown
Award equivalent: 12.2 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6012066/2024
- Decision date
- 3 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £15,000–£20,000
- Service
- 2 years
Claimant representation
- Represented
- No