In person For the v Ms Bibi, lay representatvie — 2023

The tribunal upheld the claimant's claim for accrued holiday pay. It used the claimant's spreadsheet figures, which showed total wages of £6,869.18 over a 39-week employment period, of which she worked 35 weeks, producing an average weekly wage of £196.26 gross. On that basis, the accrued holiday entitlement for the period was 4.2 weeks and the award was £824.29 gross. The respondent's argument that the claim related to leave at the end of January and beginning of February 2023 was rejected because the claim was for untaken holiday accrued during employment and payable on termination under regulation 14 of the Working Time Regulations.

The tribunal also upheld the claim for failure to provide a written statement of particulars of employment under sections 1 to 3 of the Employment Rights Act 1996. It was not disputed that no such statement had been provided, and the claimant told the tribunal that other employees had not received one either. The tribunal considered it just and equitable to award the maximum four weeks' pay under section 38 of the Employment Act 2002, using the weekly figure of £196.26, which produced £785.04.

A further claim under section 8 of the Employment Rights Act 1996 for failure to provide itemised payslips was also upheld. The tribunal said it was not enough for payslips simply to be available at the workplace on request. Using the payslips produced for May, June and July 2023, it found the aggregate deductions during the last 11 weeks or so of employment to be £336.20 and awarded that amount.

The total award was £1,945.53 gross. The tribunal directed that the claimant should account to HMRC for any tax due on the holiday pay element, and treated the other two awards as non-taxable compensation for breaches of employment rights rather than remuneration.