Mr C Reast v Ecotrans UK Recycling Ltd — 2024

The tribunal heard that, on termination of the claimant's employment following his resignation, the respondent deducted £275.08 from his final wage. The respondent said the claimant had taken 16 days holiday when only 12.7 days had accrued, and it rounded the balance down to three days and deducted three days' pay.

The claimant's evidence, supported by his wage slips, was that he had only taken 11 days holiday. The tribunal accepted that the five days shown on wage slips in April and May 2023 as 'holiday pay' were in fact additional pay for five bank holidays that he had been told to work, rather than holiday taken.

Once the respondent accepted at the hearing that the claimant had only taken 11 days holiday, the tribunal found that the deduction was unauthorised because the factual basis relied on by the respondent was incorrect. Judgment was therefore entered for the claimant for £275.08.

The tribunal noted that the claimant was in fact due 1.7 days' pay from the respondent, but an application to amend the claim to include a claim for 1.7 days accrued but unpaid holiday was refused. The judge said it was highly likely the claim could and should have been brought in the original claim form, so the amendment was rejected.