Claimant v THDD Limited
Outcome
Individual claims
The tribunal found that the claimants had not exhausted their holiday entitlement as the employer had falsely claimed. The claimants' witness statements and documents satisfied the tribunal that they had 5 days untaken holiday entitlement at the date of termination, entitling them to pay in lieu under reg. 15 of the Working Time Regulations 1998.
The tribunal postponed the hearing of the claims for arrears of pay because the date of termination of the claimants' employments was unclear. The tribunal ordered the claimants to provide further evidence on the circumstances and date of termination before determining the amount of unpaid wages due.
Facts
Mrs D Davies and Mr R Davies were employed by THDD Limited until at least 14 July 2023 when they were locked out of their workplace. The company went into voluntary liquidation on 10 August 2023. The employer claimed the claimants had taken all their holiday entitlement, but the claimants disputed this and claimed 5 days untaken holiday pay plus arrears of wages. The Secretary of State for Business & Trade was joined as a respondent after initially refusing payment from the insolvency fund due to incorrect information from the liquidator.
Decision
The tribunal found that the claimants each had 5 days untaken holiday entitlement and awarded Mrs Davies £636.21 and Mr Davies £340.69 in holiday pay. The tribunal postponed determination of the arrears of wages claim because the date of termination was unclear, and ordered the claimants to provide further evidence on this issue.
Practical note
Tribunals will scrutinise claims by liquidators or directors that employees exhausted their holiday entitlement where employees provide contradictory evidence, and may determine holiday pay claims while postponing wage claims where the termination date is disputed.
Award breakdown
Award equivalent: 1.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2411240/2023
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- THDD Limited
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- No