Mrs J Bowens v Zippy Care Ltd — 2022

The tribunal held that Mrs J Bowens' employment with Zippy Care Ltd commenced on 24 August 2020 and ended on 5 October 2020. It found that she worked a 30-hour week at £11 per hour, giving a gross weekly rate of £330 and a daily rate of £66 for holiday pay purposes. The tribunal accepted that she took three days off during the employment, on 31 August 2020, 25 September 2020 and 28 September 2020, and that she was not paid for that time off as holiday.

Applying the Working Time Regulations 1998, the tribunal found that the claimant had accrued 6/52 of her annual entitlement by the termination date, equating to 3.23 days' paid annual leave. It found that the respondent had failed to pay holiday pay under regulation 16(1) and failed to pay in lieu of accrued untaken leave under regulation 14(2). The tribunal therefore awarded £213.18 gross, being 3.23 days at £66 per day.

The tribunal also found that the claimant had not been provided with a written statement of employment particulars by the time proceedings were issued, contrary to section 1 Employment Rights Act 1996. Because the claimant succeeded in her holiday pay claim, an award under section 38 Employment Act 2002 was available. The tribunal found no exceptional circumstances making the minimum award unjust or inequitable, but decided that the case did not justify the maximum four weeks' pay.

On reconsideration, the tribunal substituted the minimum award of two weeks' pay for the section 38 uplift. It recorded that the respondent had attempted to put a written contract in place during the relevant period and that the failure to provide written particulars had not lasted long. The final additional award was therefore £660, making the total award £873.18 gross.