Mr P Murphy v JRL Reddington Ltd: 2202183/2020
JUDGMENT
[1]The Respondent has failed to file an ET3 Grounds of Resistance by the stipulated deadline of 30 June 2020 and has not applied for an extension of time for doing so.[2]Having considered the ET1, Employment Judge Nicolle has decided that a determination of the claim can properly be made without a hearing and the Judgment of the Tribunal, made under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is as set out below.[3]That as an employee or worker the Claimant is entitled to payment in respect of accrued holiday entitlement for his employment or engagement as a worker between 1 July 2019 and 24 April 2020. The Claimant had an annual holiday entitlement of 28 days pursuant to the Working Time Regulations 1998 (the “Regulations”) and had received no payment in respect of holiday during his engagement with the Respondent. The Claimant therefore has a prorated accrued holiday entitlement under the Regulations of 22.5 days which on the basis of annual gross weekly pay of £1750 gives an annual gross figure of £91,000 and a daily rate of £249.32 and a total payment for statutorily accrued holiday entitlement of £5,609.59.[4]The Tribunal orders the Respondent to pay accrued holiday entitlement to the Claimant of £5.609.59.[5]Where payments are made gross the Claimant will be responsible for all applicable tax and employee national insurance contributions. Case Number 2202183/2020