Mr L Mulligan v The Knife & Cork Limited — 2022

Mr L Mulligan brought a claim for £533.54 in accrued but unpaid holiday pay said to have arisen during his employment as a kitchen porter. He said he had accrued 63.82 hours of holiday from 1 April 2021 to 6 August 2021, payable at £8.36 per hour. The Respondent denied the claim, saying he had taken holiday during that period and had been paid for it, and that the omission from the payslips was an accounting error.

The case was heard remotely on 30 May 2022 before Employment Judge M Butler sitting alone. The Claimant complied with the Tribunal's case management orders and produced payslips, a breakdown of the sum claimed, and a witness statement stating that he had taken no holiday. The Respondent ignored the orders and did not attend the hearing. The Tribunal recorded that its conduct of the case had been given to Mr Oliver Cleve, who told the clerk that he would not be attending and had no interest in the case.

The Claimant's evidence was not challenged. On that basis, the Tribunal gave judgment for the Claimant and ordered the Respondent to pay the gross sum of £533.54 in respect of accrued holiday pay.