R Yirenkyi v RHA Drinks North East Ltd: 2500240/2025
JUDGMENT
The judgment of the Tribunal is as follows: Holiday Pay[1]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[2]The respondent shall pay the claimant £1041.04. Failure to provide a written statement of employment particulars[3]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award under section 38 Employment Act 2002 unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with Case No. 2500240/2025 section 38 Employment Act 2002 the respondent shall therefore pay the claimant £915.20.