Miss L Wood v A S Taverns Limited — 2020

The tribunal found that Miss L Wood started work for A S Taverns Limited on 15 February 2019 and remained employed by it until 9 October 2019. The respondent's account that her employment ended on 23 March 2019 and resumed in late June 2019 was rejected. The tribunal preferred the claimant's evidence, accepted that no P45 had been given to her, and found that she continued to work at The Old Greyhound throughout the period in issue. It also accepted her evidence that she took no holiday during employment, apart from one day off sick.

Applying regulations 13, 13A, 13(9) and 16 of the Working Time Regulations 1998, the tribunal held that the claimant had accrued 18 days, or 3.6 weeks, of annual leave by the date her employment ended. On a weekly wage of £350, which the tribunal treated as £70 per day, it awarded £1,260 gross for accrued but untaken holiday. The amended judgment also recorded an unauthorised deduction from wages in the gross sum of £464, and stated that both sums were payable gross, with the claimant responsible for income tax and National Insurance contributions.