Mr M McMillan v Mobile Bars To You Ltd: 2405703/2020
JUDGMENT
The judgment of the tribunal is that the respondent shall pay to the claimant the gross sum of £934.65 in respect of holiday pay due at the termination of the claimant’s employment.REASONS
[1]The claimant submitted a claim to the Employment Tribunal on 12 May 2020, claiming that, when he resigned his employment on 1 March 2020, holiday pay was outstanding and owing to him by the respondent in respect of his accrued untaken holiday entitlement. On 15 June 2020 the respondent submitted a response to the claim in which it contended that the claimant had been paid his full salary each month and was therefore due no further money and it also disputed the claimant’s calculations. The case was listed for a hearing. Evidence[2]The claimant presented a bundle of documents containing, amongst other things, his letter of appointment, copies of his payslips and copies of WhatsApp messages between himself and the respondent’s director/owner concerning the claimant’s working arrangements and holidays.[3]The claimant gave evidence under oath that he worked for the respondent until he resigned on 1 March 2020. He was contracted to work for a salary of £27,000.00 per annum.[4]The holiday year for calculation purposes was 1 April to 31 March and the claimant was entitled to the statutory minimum holiday entitlement of 5.6 weeks’ holiday per annum. In the final holiday year that he worked for the respondent, from 1 April 2019 to 1 March 2020 when he resigned, the claimant had accrued 26 days of holiday entitlement. He took 8 bank holidays when they fell due and took a further 9 days of holiday. Conclusions 4. The claimant claims payment of 9 days’ holiday pay in respect of is accrued untaken holiday entitlement as set out in the ET1 section 8.2.Conclusions
[6]The Tribunal accepted the claimant’s evidence. The claimant is therefore entitled to payment for accrued untaken holiday entitlement of 9 days’ pay which equates to £934.65 gross holiday pay.