E Hackney v L & D Childcare Ltd: 3306610/2021
JUDGMENT
Employment Tribunal Rules of Procedure 2013 – Rule 21 The respondent not having entered a response judgment is entered for the claimant as follows[1]The claimant was entitled to but was not paid for holidays from January 2020.[2]The reference period for calculation of a ‘week’s pay’ changed on 6 April 2020 from a 12 week reference period to 52 weeks (or such lesser period that the employer had data for)[3]The claimant’s entitlement to holiday pay is therefore calculated as follows: Pre April 2020 – average of 12 weeks pay. Salary from January to March 2020 totalled £2945.14/12 = £245.42 average a week Post April 2020 – the claimant’s earnings were £11614.11/40 weeks = £290.35 average. Holiday entitlement Pre April 2020 – 1.5 weeks @ £245.42 = £368.13 Case Number: 3306610/21 Post April 2020 – 5 weeks @ £290.35 = £1451.75 Total award to claimant £1819.88