Miss Ashleigh Butterworth v Dawnvale Café Components Ltd: 2411316/2019
JUDGMENT
The claimant is awarded the gross sum of £182.69 in respect of accrued holiday pay which the respondent accepted she was due to be paid in terms of correspondence dated 1 July 2019REASONS
[1]This case called for a final Hearing in respect of a claim for accrued holiday pay. The respondent had not attended and my clerk tried to call the respondent but with no success. Both parties had been advised as to the date of Hearing and no communication had been received by the respondent explaining their nonattendance.[2]I explained the position to the claimant and stated that it was still necessary for the claimant to explain what she was seeking and why, notwithstanding the respondent’s non-attendance.[3]The claimant explained that upon termination of her employment she was told she would receive a sum in respect of the holidays that would have accrued during her notice period, namely 2.5 day’s pay. 1 of 4[4]The claimant produced a letter dated 1 July 2019 where the respondent expressly accepted that the claimant would be paid (and was due to be paid) the holidays which would accrue during the notice period.[5]The claimant had received the notice pay which the respondent had said she was due but they had failed to pay her for the holidays, liability in respect of which the respondent had accepted in the same letter.[6]The respondent had therefore accepted that the claimant was due to be paid the gross sum of £182.69 (her accrued holiday entitlement during that period).[7]The claimant is therefore entitled to judgment in respect of £182.69, being the accrued holiday entitlement due to the claimant as agreed with the respondent.