Mr D D Satici v Butter on the Bread Ltd: 6012066/2024
JUDGMENT
[1]Whilst the Respondent has filed an ET3 it has not set out a denial, or substantive defence, to the claim that the claimant has not been paid for holiday accrued in his employment between 1 May 2022 and 5 July 2024.[2]Having considered the ET1, Employment Judge Nicolle has decided that a determination of the claim can properly be made based on the documentation, together with clarification provided by the claimant during the hearing and is as set out below.[3]The Claimant is entitled to a payment in respect of accrued holiday entitlement for his employment between 1 May 2022 and 5 July 2024. In accordance with the Working Time Regulations 1998 the Claimant had an annual holiday entitlement of 28 days and had not taken any holiday for which payment had been made. The Claimant therefore has a prorated accrued holiday entitlement rounded up to 61 days which on the basis of an average monthly gross weekly salary for the last 12 weeks of his employment (calculated in accordance with section 224 of the Employment Rights Act 1996 as the Claimant had no normal working hours) of £314.83 and equivalent to a gross annual salary of £16,371.12. Case Number: 6012066/2024[4]This gives rise to a prorated accrued holiday entitlement of 61 days which gives a daily rate at 1/260 per day of £62.97 and a total of £3840.92.[5]The Tribunal orders the Respondent to pay accrued holiday entitlement to the Claimant of £3840.92.[6]Where payments are made gross the Claimant will be responsible for all applicable tax and employee national insurance contributions.