Mr C Cooper v UKPD Limited — 2020

Mr C Cooper presented claims on 30 October 2019 arising out of a brief period of employment with UKPD Limited between 1 March 2019 and 11 August 2019. The respondent did not enter a response or attend the hearing on 21 January 2020. The Employment Judge checked the respondent's Companies House position and email exchanges with director Tim Sayers and was satisfied that the company had notice of the proceedings. The tribunal also amended the respondent's address on the record to its registered office at 15 Olympic Court, Boardmans Way, Whitehills Business Park, Blackpool.

The claimant confirmed that the only live issue was holiday pay. He said he had taken no paid holiday during employment, that he had been paid everything due up to termination, and that he had accrued 11 days' holiday. On the basis of a salary of about £30,000 per annum, he calculated a gross daily rate of £115, producing £1,265 for 11 days' accrued holiday. The tribunal accepted that calculation and found that the respondent had failed to pay pay in lieu of untaken holiday on termination.

Although the claim form had ticked notice pay, the claimant confirmed that he had given, worked and been paid for his notice, so no notice pay claim remained for determination. The tribunal therefore made a single award of £1,265 gross, subject to the appropriate deductions for tax and national insurance. The judgment also noted that the tribunal has no role in enforcement, and that any claim may be met by the Secretary of State if an insolvency step such as administration or liquidation occurs.