Mr A Kettell v Isle of Wight Distribution Ltd: 1401284/2021
JUDGMENT
[1]The claimant is entitled to be paid for an accrual of 4.2 holiday days at the date of termination of his employment.[2]The respondent is ordered to pay the claimant the sum of £355.36 (gross of tax and NI) relating to outstanding holiday pay.REASONS
[1]The parties agree that the claimant accrued an entitlement to 4.2 holiday days at the date that his employment terminated. The parties agree that this is represented by a gross figure of £355.56. The respondent was unable to calculate what that sum was in net terms and I have therefore issued my judgment for the gross sum.[2]The respondent has sought to argue that there was a lawful basis to withhold paying the claimant monies relating to holiday pay.[3]I have rejected the respondent’s argument that they are entitled to make a counterclaim against the claimant as the claimant has not presented a claim for breach of contract (notice pay).[4]I have rejected the respondent’s argument that there was a lawful basis to make any deduction from the amount owing.