Mr Mohamed Patel v Go North West Limited — 2024

The respondent did not provide a response to the claim and did not attend the hearing. Employment Judge Cookson therefore dealt with the case under Rule 21 of the Employment Tribunals Rules of Procedure 2013. The tribunal found that the claimant's holiday-pay complaint was well-founded because the respondent failed to pay him for 3 days of accrued annual leave, producing a gross deduction of £554.61. It also found that a separate complaint of unauthorised deductions from wages in relation to holiday pay paid was well-founded, arising from holiday taken in June 2023 and a further gross deduction of £258.93.

The tribunal treated the two deductions together as unlawful deductions of £813.54. It then applied a 25% ACAS uplift, adding £203.39, because of the respondent's unreasonable failure to comply with the ACAS Code and the history of non-compliance when the claimant had previously raised concerns about underpayment of holiday pay. The total sum ordered to be paid was £1,016.93 within 14 days, and the claimant was held responsible for any tax or National Insurance. The notice to the parties states that no interest is payable if the sum is paid in full within 14 days after the written record of the decision was sent on 16 December 2024.