Miss L Gittins v Help in Homes Ltd: 6044522/2025
JUDGMENT
[1]The Claimant’s claim for unpaid holiday pay is well-founded.[2]The Claimant is awarded £344.09 in respect of unpaid holiday pay.[3]The sum awarded is in gross terms and the Claimant is responsible for paying any tax or national insurance. NOTES Calculation of awards[4]The Claimant’s award was calculated as follows: 4.1.1. The Respondent has failed to pay the Claimant the whole or any amount due to her under Regulation 16A Working Time Regulations 1998 from May 2025 to the end of her employment in or around 22nd September 2025. 4.1.2. The Claimant was an irregular hours worker and was paid a 12.07% uplift for work done. In June to September 2025 she took no leave and worked 12 hours per week. Her hourly rate of pay was £12.50. 4.1.3. Her holiday pay entitlement was £18.11 per week (£12.50 x 12 = £150 x 12.07% = £18.11) 4.1.4. £18.11 x 19 weeks worked in May-September 2025 = £344.09 Tribunal Procedure[5]The Claimant submitted her claim form to the Tribunal on 2nd December 2025, complaining of unpaid holiday pay. The Tribunal served the claim for and notice of hearing on the Respondent on 4th December 2025. The letter notified the Respondent of the claim and stated: ‘If you want to defend it, you must complete the response form and submit it to the Employment Tribunal by one of the methods below. It must be received by the Tribunal Office by 1 January 2026. If it is not, a judgment may be issued against you’[6]The Respondent is listed as Active on Companies House. Its three Directors are resigned. Mr Henry attended as a shareholder and person with significant control of the company. He said he was unsure of his position in the proceedings and described an ongoing dispute with the former Directors. Pursuant to Rule 22 Employment Tribunal Procedure Rules, Mr Henry was not permitted to participate in the proceedings because the Respondent had not submitted a response to the claim. However, he was permitted to comment on the Claimant’s evidence. He said he had no dispute with the Claimant’s claim in principle.