Mr R Patykivskyi v City Site Solutions and 1 other — 2025

At the London Central hearing on 27 and 28 February 2025, before Employment Judge Adkin, the claimant appeared in person, the first respondent was represented by its director, and the second respondent was represented by its managing director. The tribunal dismissed the complaint of direct race discrimination under sections 13 and 39 of the Equality Act 2010, and all complaints against City Site Solutions Ltd were dismissed.

The tribunal found that Mr Patykivskyi was a worker within the meaning of section 230(3)(b) of the Employment Rights Act 1996. On that basis, the holiday pay claim was well founded against Rocket PAYE Ltd.

The parties did not dispute the holiday pay calculation at the hearing. The tribunal recorded that the claimant worked 147 days and was paid £16,637.76 gross in total, equivalent to £113.18 per day. On the stated pro rata calculation, 29.4 weeks of work represented 56.5% of a full year, producing an entitlement to 15.5 days' leave and gross accrued but unpaid holiday pay of £1,754.32.

The order required the second respondent to pay £1,754.32 gross, subject to the appropriate deduction of income tax and national insurance. Written reasons were requested only in relation to the race discrimination complaint and were to be provided separately.