Claimant v JRL Reddington Ltd — 2020

The respondent failed to file an ET3 Grounds of Resistance by the deadline of 30 June 2020 and did not apply for an extension of time. Employment Judge Nicolle therefore determined the claim on the papers under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, without a hearing.

The tribunal found that, as an employee or worker, Mr Murphy was entitled to payment in respect of accrued holiday entitlement for his engagement with the respondent between 1 July 2019 and 24 April 2020. It recorded that he had an annual holiday entitlement of 28 days under the Working Time Regulations 1998 and had received no holiday pay during the engagement.

On that basis, the tribunal calculated a prorated accrued holiday entitlement of 22.5 days. Using annual gross weekly pay of £1,750, it calculated an annual gross figure of £91,000 and a daily rate of £249.32, producing a total payment for statutorily accrued holiday entitlement of £5,609.59. The tribunal ordered the respondent to pay that sum to the claimant and noted that, where payment is made gross, the claimant is responsible for applicable tax and employee national insurance contributions.