Mr P Newton v The Wright Building Company Ltd — 2023

Mr P Newton presented a claim on 6 February 2023 for outstanding holiday pay. The claim was initially rejected because of a defect in the respondent’s name, but after correction it was accepted and treated as received on 22 February 2023, which the tribunal held was still in time. The respondent, The Wright Building Company Ltd, was in voluntary liquidation and did not present a response.

Judge Johnson had previously declined to issue a rule 21 judgment because further information about the amount claimed was needed, and the claimant provided that information on 2 April 2023. The tribunal accepted that Mr Newton had been employed from 10 September 2021 to 21 October 2022, that he worked 40 hours per week at £14.50 per hour, and that the holiday year ran from 1 January to 31 December. On the evidence supplied, he had accrued 28 hours of untaken holiday at termination.

In the absence of any response from the respondent and on the information in the claim form and subsequent documents, the tribunal was satisfied that £406 remained due and was properly payable on termination under regulation 30(1)(b) of the Working Time Regulations 1998 and regulation 14(2) WTR. The claim was therefore well-founded and succeeded, and the respondent was ordered to pay the claimant £406 gross.