S Frazer v A Taylor: 6005153/2024
JUDGMENT
[1]The claim for outstanding holiday pay on termination of employment is well founded and succeeds. The Respondent is ordered to pay the Claimant the gross sum of £706.REASONS
[2]The Claimant presented an ET1 against Respondent on 04 July 2024. A Response was due by 22 August 2024 but none was returned. The Claimant provided particulars of the outstanding holidays on termination and of the amount of pay she was claiming in the ET1.[3]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is outstanding, an employment Judge shall decide whether on the available material, a determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[4]As at the date of termination of employment, the Claimant had accrued 76.91 hours of untaken holiday. Her hourly rate of pay was £9.18. On termination she was entitled under the Working Time Regulations 1998, to a payment corresponding to that outstanding holiday. She received other payments to which she was entitled but not her outstanding holiday pay.[5]I was satisfied that I had sufficient information to issue a judgment under rule 21 of the ET Rules.[6]The Hearing on 3 October 2024 is cancelled.