Case 2410255/2022 · Employment Tribunal
Mr M Waite v Logic Lifting Ltd — 2023
- Case reference
- 2410255/2022
- Decision date
- 20 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McDonald
Parties
2 namedClaimant
Mr M Waite
Respondent
Key findings
Tribunal's reasoningThe tribunal proceeded under Rule 21 because the respondent had failed to present a valid response on time. Employment Judge McDonald determined the claim on the papers and recorded that the respondent had failed to pay the claimant's annual leave entitlement of 97.9 hours.
The tribunal ordered the respondent to pay the claimant the gross sum of £939.84. The judgment set out the calculation used: a gross weekly wage of £408, divided by five working days to give £81.60 per day, then divided by 8.5 hours per day to give £9.60 per hour, and multiplied by 97.9 hours.
The judgment stated that the sums were gross sums and should be paid in full, with the claimant responsible for any tax and national insurance due. It also recorded that no award was made for the additional £1,070 sought for time spent chasing payment, contacting ACAS, and missing a day of work, because that appeared to be a possible costs or preparation-time application under Rules 74 to 79 rather than a sum to be awarded in this judgment. The claimant was told that any such application would need to be made in writing within 28 days and copied to the respondent.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Rule 21 judgment. The respondent failed to present a valid response on time and the tribunal found it had failed to pay the claimant's annual leave entitlement of 97.9 hours. | Upheld | — | £940 |
Remedy
Monetary award- Total award
- £940
- across all upheld claims
Legal tests applied
5 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- Rules 74 to 79 of the Employment Tribunals Rules of Procedure 2013
- Rule 74 of the Employment Tribunals Rules of Procedure 2013
- Rule 76 of the Employment Tribunals Rules of Procedure 2013
- Article 12 of the Employment Tribunals (Interest) Order 1990
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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