Case 1403455/2023 · Employment Tribunal
In person For the v Mr N Henry, Consultant — 2023
- Case reference
- 1403455/2023
- Decision date
- 22 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner Appearances
- Venue
- Southampton
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe claimant brought a holiday pay dispute against Castle Inn (George Nympton) Ltd covering the period from 6 May 2022 to 31 December 2022. Employment Judge Rayner found that the respondent had failed to pay the claimant any holiday pay for that period, and described the failure both as an unlawful deduction from wages and, alternatively, as non-payment of holiday pay.
The tribunal calculated the claimant's entitlement by reference to 33 weeks worked, the statutory holiday entitlement of 5.6 weeks, and pay records showing 996.25 hours worked at £10 per hour. On that basis the claimant's earnings over the period were £9,862.50, average weekly pay was £301.89, and holiday pay due came to £1,072.87.
The respondent was ordered to pay £1,072.87 in respect of unpaid holiday pay. The judgment does not record any separate split between the unlawful deduction from wages and holiday pay formulations, so a single monetary sum was awarded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held that the respondent had made an unlawful deduction from wages by failing to pay holiday pay for the period 6 May 2022 to 31 December 2022. The judgment then made an alternative holiday-pay finding and awarded a single sum rather than splitting the remedy between the two formulations. | Upheld | — | — |
| Holiday pay | Alternative finding that the respondent failed to pay holiday pay for 6 May 2022 to 31 December 2022. The tribunal calculated entitlement at £1,072.87 using 33 weeks' service, 5.6 weeks' statutory leave, 996.25 hours worked at £10 per hour, and average weekly pay of £301.89. | Upheld | — | — |
Remedy
Monetary award- Total award
- £1,073
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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