Miss M Mikulskaja v Tatra Rotalac Limited — 2022

At the hearing the claimant confirmed she was not pursuing the statutory sick pay issue and advanced a claim for accrued holiday pay. The tribunal accepted that the claimant was entitled to 23 days' holiday each year and that some payslips omitted holiday coding, but on the payroll evidence it found she had in fact been paid her full 2019 entitlement, including days paid late on 9 January 2020. It also held that there was no contractual right to carry leave forward, that none of the Regulation 13(9) Working Time Regulations 1998 exceptions applied, and that the 2019 element was substantially out of time with no series of deductions under section 23(3) Employment Rights Act 1996.

The tribunal found that the claimant's holiday on 2 January 2020 had been deducted from both her 2019 and 2020 leave records, leaving one additional day due at the end of 2020. It accepted the respondent's evidence that, because of furlough, employees were allowed to carry untaken 2020 leave into 2021, so the claimant should have been allocated one extra leave day at the start of 2021 and that day was not paid on termination. A separate complaint about 29 and 30 December 2020 failed because the respondent had given notice of an annual shutdown and the claimant had been paid for those days.

The tribunal therefore found breach of contract, unauthorised deductions from wages and breach of the Working Time Regulations, and ordered payment for one day of holiday pay. The written judgment is internally inconsistent on the amount: the opening disposal states £80.19, while paragraphs 8 and 10 state £89.10; the extracted total award follows the reasons and final order.