Mr G Kuodis v Tsl Ltd t/a Easy coach — 2019

This was a Rule 21 judgment on the claimant's claim for accrued but untaken holiday pay. Employment Judge Camp recorded that the case was dealt with on paper because the hearing was unnecessary, and that no papers had been successfully served on the respondent. The tribunal ordered substituted service on the respondent's registered office address.

The claim was brought under regulations 14 and 30 of the Working Time Regulations 1998 and related to work said to have been done between 8 May and 19 June 2018. The claimant's wage slips for May and June 2018 showed gross pay of £3,208.50 for those months, and the tribunal noted that no holiday pay had been paid on those slips, so it assumed no holiday was taken during that period.

Applying the 12.07% accrual rate referred to in Brazel v The Harpur Trust [2018] UKEAT 0102_17_0603, the tribunal calculated accrued holiday pay as 12.07% of £3,208.50, which came to £387.27. Judgment was therefore entered for the claimant in that sum.

The tribunal also noted that the wage slip for June showed taxable gross pay for the year to 30 June 2018 as £8,344.25, and observed that if the claimant had intended to claim on the basis of that figure rather than £3,208.50 he might need to seek reconsideration. The judgment as made, however, awarded only the holiday entitlement calculated on £3,208.50.