Mrs Hawke-Davies v Mr Jovan Gajic — 2022

At a video hearing on 9 November 2022 before Employment Judge Danvers, the tribunal amended the respondent’s name to Mr Jovan Gajic. It upheld the claimant’s holiday pay claim and awarded the amount owing under regulation 14 of the Working Time Regulations 1998 for holiday outstanding on termination.

The tribunal set out the holiday calculation by identifying 1.857 weeks of leave outstanding, using a week’s pay of £179.55 based on 19.95 average weekly normal working hours at £9 per hour, and deducting £117 already paid by the respondent on termination. The written decision initially states £216.43, but the corrected arithmetic in the judgment records a total of £216.42 gross for the holiday pay element.

The tribunal also found that when the proceedings were begun the respondent was in breach of the duty to provide a written statement of particulars under s.1 Employment Rights Act 1996. Under s.38 Employment Rights Act 1996, the claimant’s compensation was increased by two weeks’ pay, calculated at £359.10.

The written judgment records a Rule 69 correction to the oral decision because the original oral calculation had omitted the multiplication step before deducting the £117 already paid. The tribunal’s final figure was £575.52, subject to any necessary deductions for tax and national insurance.