Mr D Matthews v Mr Kenneth Jones and Mrs Claire Jones T/a Aquapure Cleaning: 2501287/2018
JUDGMENT
[1]The name of the respondent is amended to that shown above.[2]The claim for compensation for untaken annual leave is not well founded and is dismissedREASONS
[1]The claimant did not attend today but had sent send. written representations which I fully considered as I am always happy to do . That said, all he says is that he has input dates and amounts into a calculator on the GOV.UK website which has produced the figure of £697.50 owed to him. Such websites are only as reliable as the information put into them. Even if the claimant had attended today, he could have told me no more than that. .I have to set that against the oral evidence for the respondent and the documents they produced today[2]Mr Kenneth Jones explained the claimant had misnamed the respondent which is not a limited company but a partnership of himself and his wife. I therefore amend the title of the action accordingly.[3]The Working Time Regulations 1998( WTR) say where a worker's employment ends during the course of a leave year and the proportion of leave he has taken in the leave year in which his employment ended is less than the amount of leave which had accrued due under the WTR, his employer shall make him a payment in lieu of untaken leave calculated by a formula in Regulation 14. Case Number 2501287/18[4]I find the claimant was employed from 6 March 2017 until 12th , rather than the 19th as he said, January 2018. There was no “relevant agreement” in writing defining the leave year, so it commences on the anniversary of him starting. A total of 313 days of the year had elapsed. His pay was £ 240 not the £250.56 he stated in his claim form. 5.His annual leave entitlement is by statute 5.6 weeks. The first part of the calculation is 5.6 divided by 365 and multiplied by 313 = 4.8 weeks leave due. He worked 32 hours a week spread over five days. Both he and the respondent have expressed their calculations in hours 153.6.[6]The claimant says he took 2 weeks leave plus bank holidays . However Mr Jones produced to me today a document prepared by the person who does the payroll showing exactly how many hours of holiday the claimant had taken and been paid for in the relevant period . It comes to153.4. If I as the WTR require, I deal with this in terms of whole days the claimant has been paid in full and therefore his case fails. TM Garnon