Mr G Simmonds v My Staff Direct Limited — 2022

The tribunal dealt with remedy only. Liability for accrued, untaken holiday pay under Regulation 30 of the Working Time Regulations had already been sent to the parties on 9 December 2022, and this hearing on 5 January 2023 was to determine the amount payable. The respondent did not attend. The claimant attended in person and gave evidence, which the tribunal accepted together with the documents he had sent on 20 December 2022.

The tribunal found that the claimant had worked for the respondent for just under 25 weeks, from 24 February 2022 to 14 August 2022, and that his holiday year began on the first day of employment. He was entitled to 28 days' holiday, worked full time five days a week, averaging 55 hours per week, and took no annual leave during the employment. He also worked bank holidays without days in lieu. His gross weekly pay was £711.54, giving a daily rate for Working Time Regulations purposes of £142.31.

Applying regulation 14(3)(b) of the Working Time Regulations 1998, the tribunal calculated that 46.5% of the holiday year had expired at termination, so the accrued entitlement was 13.02 days. Multiplying that by the daily rate produced £1,852.88. The tribunal was satisfied there was sufficient information to make the calculation and ordered the respondent to pay the claimant that gross sum in respect of accrued untaken holiday.