Lynn Hood v The Waggon Inn Ltd — 2022

Lynn Hood presented a claim on 24 April 2022 for failure to pay accrued but untaken holiday pay under Regulation 30 of the Working Time Regulations. The proceedings were served at the respondent's premises, no response was served by the deadline of 7 June 2022, and although a response was later sent on 9 June 2022 it was treated as out of time and not validly presented.

The tribunal dealt with the case under rule 21 of the Employment Tribunals Rules of Procedure 2013 and decided the claim on the available material without a hearing. It recorded that the claimant started work on 18 May 2021 at £8.91 per hour for 10 hours a week and that her employment ended on 20 February 2022.

The claimant had used the government holiday calculator and said that, after taking and being paid for 10 hours, she had 32.9 hours of untaken holiday remaining. She applied her hourly rate to that balance and originally claimed £267.30, but the tribunal held that the correct figure was £293.14. It was satisfied that this sum was payable in respect of accrued but untaken holiday at termination and entered judgment for the claimant in that amount.