Ms J Williamson v Propertysmith Ltd: 2302154/2017
JUDGMENT
The Judgment of the Tribunal is that the Claimant’s claim for pay in lieu of holiday accrued but not taken is well founded and the Respondent is ordered to pay £1,000 to the Claimant representing 10 days gross pay at the rate of pay applicable at termination. The above award is expressed as a gross figure. Provided that the Respondent makes appropriate deduction is respect of income tax and national insurance, and accounts therefore to the proper authorities, payment of the Claimant of the net sum will represent a valid discharge of this judgment. NB The calculation date for holiday pay is not addressed in the Working Time Regulations and there is no case law on the point. However as the payment is to be made in lieu of leave which can be carried forward the logical conclusion is Case No. 2302154/17 that the entire payment should be calculated by reference to the pay rates as at the date of termination.