Cases6013667/2024

Claimant v Cripsey Retail Limited

6 January 2025Before Employment Judge HeapMidlands Eastremote video

Outcome

Claimant succeeds£561

Individual claims

Holiday Paysucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages by withholding accrued annual leave entitlement at the date of termination. This was a breach of Regulation 14(2) of the Working Time Regulations 1998, which requires payment for untaken leave upon termination.

Facts

Miss Connolly brought a claim for unlawful deduction of wages against her former employer, Cripsey Retail Limited. The claim concerned the respondent's failure to pay for accrued annual leave entitlement at the termination of her employment. The hearing was conducted remotely via CVP with the claimant representing herself and the respondent represented by its director, Mr A Cripsey.

Decision

The tribunal found in favour of the claimant, determining that the respondent had made an unauthorised deduction from wages by withholding payment for accrued annual leave upon termination, in breach of Regulation 14(2) of the Working Time Regulations 1998. The respondent was ordered to pay £560.56 gross to the claimant.

Practical note

Employers must pay for all accrued but untaken annual leave when employment terminates, and failure to do so constitutes an unlawful deduction from wages under the Working Time Regulations 1998.

Award breakdown

Holiday pay£561

Legal authorities cited

Statutes

Working Time Regulations 1998 Regulation 14(2)

Case details

Case number
6013667/2024
Decision date
6 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
No
Rep type
in house

Claimant representation

Represented
No