Cases1302104/2023

Claimant v Sixty Degrees Midlands Limited

14 February 2024Before Employment Judge PowerMidlands Westremote video

Outcome

Claimant succeeds£422

Individual claims

Holiday Paysucceeded

The tribunal found that the Respondent failed to pay accrued but untaken holiday pay owed on termination of employment, in breach of Regulation 14 of the Working Time Regulations 1998. The claim was well founded and succeeded.

Facts

Mr Baker was employed by Sixty Degrees Midlands Limited and his employment terminated. Upon termination, he was not paid for accrued but untaken holiday. The Respondent also failed to provide him with a written statement of employment particulars as required by law. He brought a claim for unpaid holiday pay and for breach of the requirement to provide written particulars.

Decision

The tribunal found both claims well founded. The Respondent was ordered to pay £18.70 in unpaid holiday pay and £403.55 (representing two weeks' pay) as a penalty for failing to provide written employment particulars under the Employment Act 2002.

Practical note

Employers must pay all accrued holiday pay on termination and provide written statements of employment particulars, with failure to do the latter resulting in a mandatory award of between two and four weeks' pay.

Award breakdown

Holiday pay£19

Legal authorities cited

Statutes

Working Time Regulations 1998 Regulation 14Employment Rights Act 1996 s1(1)Employment Act 2002 s38

Case details

Case number
1302104/2023
Decision date
14 February 2024
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
in house

Employment details

Claimant representation

Represented
Yes
Rep type
lay rep