Mr H Stokell v C & C Bars Ltd: 2501708/2018
JUDGMENT
The claimant not having filed a response to the claimant’s claim, the judgment of the Tribunal is that:[1]The claimant’s claim of failure to pay holiday pay is well founded and succeeds.[2]The Respondent shall pay the claimant the sum of £546.59.[3]The hearing listed on 3 December 2018 is vacated and will not take place.REASONS
[1]By a claim form presented on 8th September 2018 the claimant brought a complaint against the respondent that he was owed the total sum of £546.59 in respect of accrued holiday pay. The claimant worked for the respondent from 28th April 2017 until 25th May 2018. He calculated that he had accrued holiday pay in the sum of £546.59 by the date of his departure.[2]In its response presented on 25th October 2018, the respondent denied that the claimant was owed any accrued holiday pay, insisting that the claimant had been paid for all the holidays taken and had received the sum of £89.76 being accrued holiday pay, which was paid with his last wages.[3]By notice of hearing dated 22nd November 2018 and addressed to the respondent at the address set out on its response form, the parties were informed that the claim would be heard by the Employment Tribunal at Teesside Justice Centre Middlesbrough on Thursday 20th December 2018 at 9.45am. By 10.30am on the 20th December, the claimant was present but no-one was present for or on behalf of the respondent.[4]The claimant gave evidence under oath and confirmed the accuracy of the statement set out in his claim form. The claimant confirmed that he was owed the sum of £546.59 in respect of accrued holiday pay. The claimant further confirmed that he had never received a written statement of his terms and conditions of employment.[5]The Tribunal accepted the claimant’s evidence given under oath and rejected the contents of the response form insofar as it conflicted with the evidence of the claimant. The Tribunal ordered the respondent to pay to the claimant accrued holiday pay in the sum of £546.59.[6]The Tribunal was further satisfied that the respondent had failed to provide the claimant with a written statement of his terms and conditions of employment. Pursuant to Section 38 of the Employment Act 2002 the ttribunal is satisfied that the claimant has succeeded in a claim set out in Schedule 5 thereof and awards the claimant two weeks pay as the minimum amount of compensation payable in those circumstances. The claimant confirmed that his average weekly pay when he was employed by the respondent was £250.00 per week. EMPLOYMENT JUDGE JOHNSON