In person For the v Mr M Liddiard, Director — 2023

Mr Robin Verghis Jacob worked for Liddiard Limited as a Store Assistant from 19 March 2022 until 21 January 2023 on a zero-hours contract. The tribunal preferred the respondent's shift summary and the claimant's final payslip dated 10 February 2023, and found that the claimant's last working day was 21 January 2023 rather than 17 December 2022. It also found that no holiday had been taken and that the claimant had not been paid in lieu of accrued but untaken holiday.

Applying Regulation 14 of the Working Time Regulations 1998, the tribunal calculated continuous employment of 43 weeks, giving accrued holiday entitlement of 4.63 weeks, or 24 days when rounded up for a five-day week. Using an average weekly pay of £152.19 and a daily rate of £30.44, the tribunal calculated the accrued holiday pay due as £730.56.

On limitation, the tribunal held under Regulation 30(2)(a) that time ran from 10 February 2023, the date the payment should have been made with the final payslip, rather than from the termination of employment. It found that the normal three-month time limit expired during the ACAS early conciliation period and was extended to 6 July 2023 under section 207B, so the claim presented on 14 June 2023 was within time. The respondent was ordered to pay the claimant the gross sum of £730.56.