Case No 1600950/2019Venue CardiffHearing 12 March 2020
Between
Miss Emma BrownClaimant1st Grade CareRespondent
Before
Employment Judge N W BeardIn person for claimantDate 12 March 2020
JUDGMENT
The judgment of the tribunal is that :- By a concession made by the respondent the following is declared as to the claimant’s terms and conditions of employment pursuant to sections 11 and 12 Employment Rights Act 1996[1]The claimant’s claim for holiday pay entitlement is well founded.[2]The claimant’s contractual holiday year began on 1 January 2019 and ended on 31 December 2019 and recommenced on 1 January 2020 and will continue to 31 December 2020 or until a change in contractual terms agreed by the parties.[3]During 2019 the claimant accrued 5.6 weeks holiday pursuant to the Working time regulations.[4]Between 1 January 2020 and 31 March 2020, the claimant will accrue 1.54 weeks holiday accrued at 0.11 weeks for each week of employment.[5]Between 1 January 2019 and 31 March 2020, the claimant has taken 5.3 weeks holiday.[6]The claimant has outstanding 1.84 weeks holiday from 2019 which is added to her entitlement of 5.6 weeks for 2020 a total of 7.14 weeks for that complete year Case Number 1600950/2019[7]The claimant, having carried over 1.84 weeks and accrued 1.54 weeks in 2020, has a total accrual of 3.38 weeks holiday by 31 March 2020 and the claimant having taken 8.5 days of holiday between 1 January 2019 and 31 March 2020, equating to 1.75 weeks, as of 31 March 2020 the claimant has outstanding accrued holiday of 1.63 weeks.[8]Whilst the claimant continues in employment with the respondent she will accrue holiday at a rate of 0.11 weeks per week of work and added to the 1.63 weeks above the total outstanding holiday for 2020 will be 5.39 weeks.