Mr D Wilding v Anchor MOT Ltd: 2401849/2023
JUDGMENT
[1]Anchor MOT Ltd is substituted for Mr Karl McKenna as the proper respondent to this claim.[2]The claimant’s complaint that the respondent failed to permit him to exercise his right to take paid annual leave is well-founded. The claimant was entitled to carry over 12 days of annual leave from 2020 until the end of 2022. The respondent failed to permit the claimant to take this leave during the carryover period.[3]The respondent is ordered to pay the claimant compensation in respect of failure to permit him to take annual leave in the sum of £881.28 (gross). This is calculated as 12 (days) x 8 (hours) x £9.18 (hourly pay rate).[4]The claimant was constructively dismissed by the respondent. The claimant’s complaint of unfair dismissal is well founded.[5]The respondent is ordered to pay the claimant a basic award in respect of the unfair dismissal of £550.80. This is calculated as 3 (years of service) x 0.5 (entitlement for service under age of 22) x £367.20 (weekly pay).[6]The Tribunal makes no compensatory award.