Mr F J Samateh v Axelbond Ltd: 6008325/2024
JUDGMENT
[1]The respondent made unauthorised deductions by failing to pay the claimant holiday pay which was accrued and outstanding at the termination of his employment.[2]The respondent is ordered to pay the claimant the gross sum of £506.00, calculated as follows: The claimant worked for 465.75 hours during the course of his employment. Applying a percentage accrual rate of 12.07% the claimant was entitled to 56 hours of paid holiday. The claimant received 26 hours of paid holiday, which leaves 20 hours accrued and outstanding. The respondent wrongly deducted 3 hours of holiday pay at the termination of employment, which leaves a total of 23 hours to be paid. The claimant’s gross hourly rate was £22/hour. 23 x £22.00 = £506.00[3]The claimant agreed he is not entitled to any additional notice pay, and had claimed notice pay on his claim form in error. That claim is dismissed.[4]The claimant also sought damages for stress as a result of the respondent’s failure to pay his accrued holiday pay. This cannot be awarded by the Tribunal and no award is made.