Mr A James v Secretary of State for Business, Energy and Industrial Strategy: 1306817/2019
JUDGMENT
[1]Upon hearing evidence from the Claimant and after considering the Secretary of States’ response and additional documentations, I make a declaration under s188 of the Employment Rights Act (“ERA”) that the payment made to the Claimant under s182 of the ERA was less than the amount which should have been paid.[2]I declare that the amounts which the Claimant was entitled were:a. In respect of holiday pay: £103.45 gross which is in respect of the one day’s holiday he was entitled to under Regulation 30(1)(b) of the Working Time Regulations 1998; andb. In respect of arrears of pay: £782.51 gross[3]The Claimant has already received £370.16 (gross) under s182 of the ERA and therefore is entitled to a further £515.80 to be subject to appropriate deductions for tax and national insurance.