(1) Mrs D Davies (2) Mr R Davies v THDD Limited (in voluntary liquidation) and 1 other — 2024

The claimants brought claims for failure to pay holiday pay and arrears of wages. The first respondent was in voluntary liquidation and did not enter a response. The second respondent was joined as a party and relied on written representations, explaining that payments had not been made for holiday pay or arrears because information from the liquidator suggested no further entitlement.

The Tribunal found that the information suggesting the claimants had exhausted their holiday entitlement was incorrect. On the claimants' witness evidence and documents, the Tribunal was satisfied that, taking 14 July 2023 as the termination date for holiday pay purposes, each claimant had 5 days of untaken holiday entitlement.

The Tribunal ordered the first respondent to pay the first claimant £636.21 net and the second claimant £340.69 net for holiday pay. The claims for arrears of pay were postponed because the date of termination of employment was unclear and further information, witness statements, documents, and representations were required before those claims could be determined.