Miss D Littlefair (1) Miss G Morley (2) v Edu-Catering North East Limited — 2023

At a remote CVP hearing before Employment Judge Morris sitting alone, the respondent conceded the material complaints brought by Miss D Littlefair and Miss G Morley. The tribunal recorded that each claimant's holiday pay claim under regulation 30 of the Working Time Regulations 1998, concerning unpaid holiday accrued but untaken at the termination of employment, was well-founded.

For Miss D Littlefair, the tribunal awarded £1,320 for accrued holiday pay under regulation 14 of the Working Time Regulations 1998. It also upheld two unauthorised deduction claims under section 23 of the Employment Rights Act 1996: £198.70 for unpaid statutory sick pay for 10 days' sickness absence from 22 March 2023 to 4 April 2023, and £174.24 for unpaid wages for 16 hours worked in March 2023. The judgment states that the holiday pay award and the March wages award were each increased by 10% from agreed base figures under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992.

For Miss G Morley, the tribunal awarded £1,200 for accrued but untaken holiday pay and £198.70 for unpaid statutory sick pay for the same sickness absence period. The tribunal noted that the sums were calculated by reference to each claimant's gross pay and that any tax and employee's national insurance liability was for the individual claimant. The combined awards in the judgment totalled £3,091.64.