Mr RG Burns v SinCera Retail Solutions Ltd — 2022

Mr RG Burns brought a claim against SinCera Retail Solutions Ltd for unpaid holiday pay. The hearing took place on 12 April 2022 by CVP video link before Employment Judge Langridge. The claimant did not attend, did not provide a witness statement, and had not supplied his own holiday pay calculations or other information explaining why he said further holiday pay was owed.

The tribunal proceeded in the claimant's absence after his request for a postponement was refused. The respondent relied on written statements from Mr Smith and Mr Lee and oral evidence from Ms Robson, the company's bookkeeper, together with payslips and a spreadsheet of holiday pay calculations checked by external accountants.

On the evidence accepted by the tribunal, for the holiday year beginning on 1 December 2021 and ending when the claimant's employment ended on 24 September 2022, the claimant had accrued but not taken 9 days' annual leave, including contractual leave and one bank holiday. The tribunal found that those 9 days were paid in full on 14 January 2022, before the claim was submitted on 29 January 2022. The claim form identified no details showing any further amount that was owed.

The tribunal therefore held that the unpaid holiday pay claim was not well-founded and dismissed it. The judgment also noted, in response to the respondent's query about preparation costs, that any costs application would need to be made in writing under the Employment Tribunal Rules of Procedure 2013.