Mr Liam Merrick v Co-ord Sport Limited — 2022

Mr Liam Merrick brought a holiday pay claim against Co-ord Sport Limited after his employment ended. He said he had been terminated with immediate effect, that he had been paid for four weeks after handing in his notice, and that he still remained owed 15.5 days of holiday, including carry-over from the COVID period, which he valued at £1,092 before tax. The respondent's case was that Mr Merrick was asked not to work his notice, was told to use his leave before leaving, and was paid one week's notice pay plus a further three weeks covering 15.5 days of holiday.

The tribunal preferred the respondent's evidence. It found that Mr Merrick was requested to leave the offices immediately rather than work his notice, and that the four weeks' pay after that point consisted of one week's notice pay and the remainder holiday which he was required to use before terminating his employment. It also accepted the respondent's evidence that the staff handbook required leave to be used before leaving the organisation, and it did not accept the claimant's case that he did not know how to access the handbook or that the handbook had not been provided digitally.

On that basis, the tribunal found that the claimant was not owed holiday pay. It therefore dismissed the holiday pay claim and recorded that there was no award to be paid.