Ms Kerry Binns v Harehills Working Mens Club: 1800826/2018
JUDGMENT
[1]The Claimant has established that she was entitled to unpaid notice pay of £23.49 and unpaid holiday pay in the sum of ££618.57 and therefore she is awarded and shall be paid by the Respondents the sum of £642.06.REASONS
[2]The Claimant gave evidence of her pay during employment and of having given but not being required or expected to work her full week of notice. The Respondent contested this in their Response but didn’t attend today to give formal sworn testimony. so the Claimant’s version of events was preferred. I took account of the written representation of the Respondent in their Grounds of Resistance attached to their ET3 Response but on the basis of seeing and hearing the Claimant and not being able to test the Respondent’s case under examination, I preferred the evidence of the Claimant in all respects and find accordingly.[3]The Claimant has established she is entitled to accrued holiday not taken and pay not received in respect of such entitlement over the last two years and upto and including the notice period given. I find the rate of holiday pay was £148.77 per week and the number of weeks of her proved entitlement is 4.15. Thus she is entitled according to the evidence to 4.15 weeks holiday pay at the said rate and thus the sum of £618.57[4]The Respondent has failed to establish any basis or grounds for nonpayment of the sums found top be due to the Claimant and in particular no Case No:1800826/2018 formal written agreement signed by the Claimant permitting withholding of pay for the wages and holiday pay due for the periods claimed by the Cliamant.[5]Thus the Claimant is entitled to be paid by the Respondent the following: - Item £ Unpaid wages 23.49 Holiday pay 618.57 Total 642.06 I award Judgment and order that the Respondent shall pay to the Claimant the sum of £642.06