Mr A Celik v Elpas Ltd (in voluntary liquidation): 3304009/2024
JUDGMENT
[1]The Respondent shall pay the Claimant the following sums:a. Unpaid Holiday Pay: £2,480b. Holiday Pay accrued but unpaid on termination: £1,968.50c. Notice Pay: £806d. Failure to provide a written statement of employment particulars: £3,224 Total: £8,478.50 Holiday Pay[2]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.[3]The sum of £1,968.50 is calculated as follows: Date employment began: 2nd December 2022 Date employment ended: 9th December 2023 Leave Year: 2nd December to 1st December Holiday entitlement: 5.6 weeks (28 days) Hours of work: 52 hours per week / 5 days Holiday accrued in 2022/23 leave year (2nd December 2022 to 1st December 2023): 28 days Holiday taken in 2022/23 leave year: 16 days Entitlement: 12 days Hourly rate of pay = £15.50 £15.50 x 10 hours per day = £155 per day £155 x 12 days = £1,860 Holiday accrued in 2023/24 leave year (2nd December 2023 to 9th December 2023): 0.7 days £155 x 0.7 = £108.50[4]The respondent failed to pay the claimant in accordance with regulation 16(1) of the Working Time Regulations 1998 for leave taken in the 2022/23 leave year. The sum of £2,480 is calculated as follows: 16 days leave taken 16 x £155 = £2,480 Written Itemised Pay Statements[5]When the proceedings were begun the Respondent had failed in its duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just an equitable to make an award equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the Respondent shall therefore pay the claimant £3,224.00 Notice Pay[6]The claim for notice pay is well-founded. The Respondent shall pay the Claimant one week’s wages in the sum of £806.[7]All sums are awarded in gross terms. The Claimant is responsible for paying any tax or National Insurance. EJ A Williams