Mr D Mitsopoulos v The Yummy Palette Ltd: 2301065/2023
JUDGMENT
[1]The claims for unpaid holiday pay are upheld.[2]The claimant is awarded compensation for unpaid holiday of £1,861.00 for holiday pay broken down as follows:(a) holiday pay in the holiday year from 1 January 2020, for five days at £71.43 per day, i.e. £357.15(b) holiday pay in the holiday year from 1 January 2021, for five days at £80.77 per day, i.e. £403.85(c) holiday pay in the holiday year from 1 January 2020, for 11 days at £100.00 per day, i.e. £1,100[3]These sums are awarded as unlawful deductions from wages. Applying the guidance in Walters t/a Rosewood v Barik UKEAT/0053/16/BA, the award for is a gross amount which the respondent can satisfy by payment to the claimant of the net amount due and payment to HMRC of any tax and national insurance which falls to be deducted at source.[4]The respondent is also liable to pay the claimant two weeks’ pay for failing to provide him, within his first two months of employment, with a qualifying statement Case Number 2301065/2023 Page 2 of 2 of terms and conditions, in the sum of £200. No tax or national insurance is due on that sum.[5]The total amount payable is therefore £2,060.81