Mr P Carson v Piece Glasgow: 8000206/2024
JUDGMENT
The tribunal decided the claim was well–founded and ordered the respondent to pay to the claimant holiday pay in the sum of £66.39 (gross).REASONS
[1]The claimant presented a claim to the Employment Tribunal seeking payment of holiday pay accrued but not paid as at the termination of employment.[2]The respondent did not enter a response.[3]I heard evidence from the claimant and made the following material findings of fact.Findings of fact
[4]The claimant was employed by the respondent from 25 October 2023 until 14 November 2023.[5]The respondent, upon termination of the claimant’s employment, confirmed the sum of £66.39 gross was due to the claimant in respect of holiday pay.[6]The respondent informed the claimant they intended to deduct the sum of £17 in respect of an issue regarding keys. The claimant confirmed he had returned the keys and disputed the respondent’s authority to make the deduction.[7]The claimant did not have a contract of employment and had not signed any document giving the respondent authority to make the deduction.[8]I decided the claim is well-founded. The claimant had accrued but not used holidays at the end of his employment, and was due to be paid in this respect. I noted there was no real dispute regarding the amount of holiday pay to be paid to the claimant: the dispute focussed on the employer’s authority to make a deduction. I concluded the respondent had no authority to make a deduction from the holiday pay owed to the claimant because I accepted what the claimant told me, and the respondent has not entered a response.[9]I decided the respondent shall pay to the claimant the sum of £66.39 (gross) in respect of the payment of holiday pay.