Mr. J Fleming v Jack and Jill Bath Co. Ltd — 2023

Neither party attended the hearing on 25 April 2023. The tribunal noted that the respondent had not filed a response and the claimant could not be reached by telephone, and it decided it was in the interests of justice and proportionate to proceed in the parties' absence.

The claim was for unpaid holiday pay, expressed in the judgment as an unlawful deductions from wages claim. On the basis of the claim form, the tribunal found that the claimant started work on 1 April 2021 and that the effective date of termination was 1 October 2022. It found that he was paid £2,400 gross per month, worked 40 hours per week, and therefore inferred that he worked five days a week.

The tribunal found that the claimant took five days' holiday in the last holiday year and was not paid for any untaken holiday at the end of employment. Because the start of the holiday year had not been specified, the tribunal found on the balance of probabilities that the holiday year started on the date employment began, 1 April.

Using those facts, the tribunal calculated the unpaid untaken holiday as 9.2 days. It accepted an annual gross pay figure of £28,800, a weekly gross pay figure of £553.85, and a daily gross pay figure of £110.77. It applied the statutory minimum holiday entitlement of 5.6 weeks or 28 days per year, calculated entitlement for the period 1 April 2022 to 1 October 2022 as 14.2 days, deducted the five days taken, and awarded £1,019.08.