Case 2604129/2020 · Employment Tribunal
Mr L Cowling v Robinson & Co. Developments Limited — 2021
- Case reference
- 2604129/2020
- Decision date
- 18 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
- Venue
- Nottingham
Parties
2 namedClaimant
Mr L Cowling
Respondent
Key findings
Tribunal's reasoningMr L Cowling was employed by Robinson & Co Developments Ltd as a labourer from 29 October 2015 to 6 August 2020. The tribunal accepted that he was dismissed by reason of redundancy, relying on the respondent’s letter of 6 August 2020 and the ET3 response. It found that he was aged 23 at the relevant date, had four years’ service, and had a gross weekly wage of £400, producing a redundancy entitlement of £1,000.
The tribunal also upheld his claim for unpaid holiday pay. Applying the statutory minimum holiday entitlement of 5.6 weeks, it found that by 6 August 2020 he had accrued 16.8 days of leave, rounded to 17, and had taken 4 days, leaving 13 days outstanding. Using a daily rate of £67 based on his net weekly pay of £335 and a five-day working week, the unpaid holiday pay came to £871 net.
The respondent’s asserted reasons for refusing payment were rejected. There was no evidence supporting the allegation of damage to the company van, no written agreement or other evidence that any paternity pay could be offset against holiday pay, and the suggestion that Mr Cowling had been working elsewhere in Cumbria did not affect either redundancy entitlement or holiday pay liability. The tribunal therefore ordered payment of £1,000 redundancy pay and £871 net in respect of unlawful deduction of wages for holiday pay.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found Mr Cowling was entitled to a redundancy payment following dismissal by reason of redundancy. | Upheld | — | £1,000 |
| Unlawful deduction from wages | The tribunal held that £871 net was due in unpaid holiday pay and that the respondent had made an unlawful deduction from wages in that amount. | Upheld | — | £871 |
Remedy
Monetary award- Total award
- £1,871
- across all upheld claims
Legal tests applied
2 references- s.13 ERA 1996
- s.27 ERA 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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