Mr J Middleton v Northern Exports Limited — 2022

Mr J Middleton brought claims for unpaid holiday pay and unlawful deductions from wages against Northern Exports Limited. The respondent did not present a response and did not attend the hearing, despite notice having been sent and attempts made to contact it. The tribunal proceeded in the respondent's absence and heard oral evidence from the claimant.

The tribunal found that, at the point of dismissal, the claimant was six months into the leave year, had accrued 14 days' holiday entitlement and had taken no holiday. He worked 8 hours per day and was paid £21.25 per hour. On that basis, the tribunal found he was owed £2,380 gross for accrued holiday pay under regulations 14 and 16 of the Working Time Regulations 1998.

The tribunal also accepted that the claimant had been underpaid on a series of wage payments made between April and October 2021. It identified the individual underpayments and found the total unlawful deduction from wages to be £1,100.16 gross under sections 13 and 23 of the Employment Rights Act 1996.

Judgment was entered for both claims. The respondent was ordered to pay £2,380 gross for holiday pay and £1,100.16 gross for unlawful deductions, making a total gross award of £3,480.16. The tribunal noted that the sum was gross and that the claimant would need to account for any tax liabilities arising from receipt of the award.