Mr S Villalba Real v Tru Street Food Ltd: 2406220/2019
JUDGMENT
[1]The claimant's claim for accrued but unpaid holiday on termination of employment is well-founded and succeeds. I order the respondent to pay the claimant eight hours’ holiday at £8.20 per hour (£7.70 National Minimum Wage plus 50 pence share of gratuities) = £65.60 within 14 days of the date of this Judgment.[2]The respondent failed to follow the ACAS Code of Practice when the claimant lodged a grievance about failure to pay him holiday pay. I uplift the sum by 20% to reflect the failure to follow the ACAS Code of Practice, and so the respondent owes the claimant a further £13.12 within 14 days of the date of this Judgment.[3]The respondent failed to provide the claimant with written particulars of employment. I award the claimant two week’s pay of £328 (£8.20 x 20 hours = £164 x 2) to be paid within 14 days of the date of this Judgment. Case No. 2406220/2019 2[4]The grand total owed by the respondent to the claimant is £406.72 to be paid within 14 days of the date of this Judgment.