Miss A Tosh v IBA Recruitment: 4103957/2018
JUDGMENT
TRIBUNALS (SCOTLAND) Judge: Robert Gall S/41 03957/201 8 wages due to the claimant but unpaid to are ordered to pay to the claimant the Not Represented Not Present Repondent In Person Claimant at time of of her are ordered to pay that amount to the The claim in this case was presented on 1 2 April 201 8. It was served on the The Final Hearing in the case was set down for 29 June 201 8. Ms Tosh was present at that time. There was no appearance by the respondents or on their in respect of holiday leave which she had accrued but which was untaken at She informed me that this sum was due to her and The claim by Ms Tosh in respect of holidays accrued but untaken at time of termination of her employment is founded upon her position that she was due 5 weeks holiday leave in each calendar year. She had only taken 3 weeks of to 2 weeks leave into 2018. She confirmed to me that her employment with the respondents ended in February 2018 and at that point she had not taken any leave in 2018. She made a claim for payment in respect of 2 weeks of of termination of employment of the claimant with the respondents is successful. She is awarded £240 by way of payment Ms Tosh brings a claim of unauthorised deduction from wages and of payment Her claim in respect of wages due to her is for payment of two weeks wages, 32 hours, at £7.50 an hour, being the hourly rate paid to her for work carried that leave in the calendar year 201 7. She therefore carried forward entitlement The respondents did not lodge form ET3 to dispute the claim. That amounts to 32 hours at £7.50 per hour, a total of £240. of termination The claimant had accrued 2 weeks of leave at date of termination but untaken time of termination of her employment with the respondents. by her at time had not been paid. I accepted this information from her. leave accruedREASONS
but untaken The respondents The claim in respect of holiday employment with the respondents. out by the respondents. accrued in lieu of leave. leave respondents. employment. S/41 03957/201 8 claimant. annual behalf.[2]3. 4. 5. 6. 7. 25 5 10 15 30 25 20 15[8]in respect of accrued but untaken leave entitlement. The respondents are therefore ordered to pay to the claimant the sum of £240 these respondents rather than accruing the holidays in a TUPE situation. employment new company. now taken over the hotel where she worked. ended. She confirmed that this was so. She did say that a new company had I confirmed so that she was able to claim entitlement to holiday pay from with Ms Tosh that her employment Her information to me was that there had been an end to her 05 July 2018 29 June 2018 R Gall She is now employed by this with the respondents had