Mr M Karim v Playtech Ltd: 3307379/2018
JUDGMENT
The Claimant’s complaint of unpaid holiday pay succeeds. The Respondent is ordered to pay to the Claimant the sum of £900.00. By agreement, payment is to be made within 28 days.REASONS
[1]The Claimant appeared in person and gave sworn evidence to the Tribunal. Mr Bassi appeared on behalf of the Respondent. He is a Director of the respondent company. The Respondent had not entered a response to the claim. Mr Bassi did not dispute that the claim form had been received. He explained that his previous company had gone into liquidation in January 2018 and much of the paperwork had been passed over to the liquidator.[2]I heard evidence from the Claimant and Mr Bassi made representations to me following that evidence.[3]The facts are that the Claimant was called into a meeting by Mr Bassi on 19 January 2018. A letter was prepared for the Claimant to sign which stated that the Claimant would resign with immediate effect. The Respondent was offering four weeks’ pay if he did so. The Claimant refused to sign the letter on the basis that he was not resigning. The Claimant then left and did not return to work.[4]The Claimant was paid fortnightly, two weeks in arrears. The last payment he received was on 26 January 2018, but he was not able to confirm the Page 1 of 2 Case Number: 3307379/2018 amount of that payment and maintained that no pay slip had been produced.[5]The Claimant clarified that his claim to the Employment Tribunal was for outstanding holiday pay. In the last holiday year of his employment, he took four days’ holiday plus the normal bank holidays. He was claiming payment for 16 days’ holiday.[6]The Tribunal concludes that the Claimant is entitled to payment for the accrued but untaken holiday during the final (holiday) year of his employment. The amount in question is £900.00. The Claimant’s hourly rate of pay was £7.50 and he worked an 8 hour day with a half hour break. He therefore worked 7.5 paid hours per day. 16 x 7.5 x £7.50 = £900.00. The Claimant confirmed that this was the extent of his claim. Both parties expressed themselves to be happy with the outcome.