Miss K Wheeler v A New Angle Ltd T/A Independent Home Living — 2021

Miss K Wheeler brought a complaint of unauthorised deduction from wages in relation to accrued but untaken statutory holiday at the end of her employment with A New Angle Ltd T/A Independent Home Living. She said she had been told she was not entitled to holiday because she was a "bank member of staff" and that no holiday pay was paid when her employment ended. The respondent did not present a response to the claim and did not appear or represent itself at the hearing.

The tribunal reviewed the claimant's calculations and found, on the balance of probabilities, that she was entitled to 3.36 weeks of accrued holiday, which equated to the net sum of £475.28. It held that the respondent's failure to pay that amount was an unauthorised deduction from wages contrary to section 13 of the Employment Rights Act 1996 and a breach of regulation 14(2) of the Working Time Regulations.

The tribunal also noted that the respondent appeared to be about to be dissolved, but that it had not yet been dissolved as at the date of judgment and therefore judgment could still be made against it. It added that the claimant might wish to consider objecting to the dissolution and to investigate whether any insolvency arrangements affected recovery from the National Insurance Fund.