Miss A Redman v Coffee United (Bootle 1 Ltd) — 2020

The claimant, Miss A Redman, was employed from May 2019 until 31 July 2020, when her employment ended by redundancy. The tribunal found that she had taken the holiday she had accrued up to the end of December 2019 and had no holiday carried forward into 2020. It accepted her evidence that she took no holiday between January and July 2020, and that she had been on maternity leave from the end of January, although she could not recall the exact date.

On the holiday calculation, the tribunal accepted that the claimant accrued 1.66 days per month and therefore built up 11.62 days by the termination date. She had been paid for the equivalent of six days on termination, leaving 5.62 days outstanding. Using a daily rate of £60, the tribunal calculated the unpaid holiday balance at £337.20 and made an award for accrued but untaken holiday pay.

The tribunal also noted that the claimant had received a contract or statement of main particulars of employment, so it was not appropriate to make any award under section 38 of the Employment Act 2002. The judgment text contains an internal inconsistency, because paragraph 4 refers to £327.20 while the main judgment and the calculation in paragraph 2 support £337.20; the award is recorded here on the basis of the latter figures.