Mr M A Eke v The Secretary of State for Business, Energy and Industrial Strategy and Carlauren Lifestyle Resorts Ltd (In administration): 1403013/2019
JUDGMENT
[1]The claim for holiday pay is well founded and succeeds. The first respondent is ordered to pay the claimant the sum of £367.93 gross.[2]The claims for notice pay and redundancy pay are dismissed on their withdrawal by the claimant.REASONS
[3]These reasons are summary given the value and complexity of the claims in question.[4]The first and second respondents did not attend.[5]At the outset of the hearing the claimant withdrew his claims for notice pay and redundancy pay when I explained that the first respondent’s liability for those payment was limited to statutory notice and redundancy pay and did not extend to the claimant’s contractual entitlement.[6]The claimant maintained his claim for holiday pay.[7]I heard evidence from the claimant on oath and he produced a copy of his contract of employment with the second respondent and copies of his pay Case No: 1403013/2019/P slips he had received from them for the period January until June 2019. They did not record him having taken any annual leave in that period.[8]The claimant worked full time. His statutory annual leave entitlement for the period 1 January until 31 May 2019 was 11.6 days. The first respondent had paid the claimant for 8.03 days annual leave.[9]There was no evidence that the claimant had taken any annual leave in the period between 1 January and 31 May 2019; the first respondent‘s amended response did not identify that any had been taken, nor was any annual leave shown in the pay slips, as indicated above. I accepted the claimant’s evidence that he did not recall whether he had taken any annual leave but that if he had it would be shown on his pay slips.[10]There was thus a balance of 3.57 days’ pay at the gross daily rate of £103.06.