Mr O Durojaiye v Source247 Recruitment Limited — 2019

The claimant brought a claim for accrued but untaken paid holiday outstanding on termination of employment. The respondent did not enter a response. The tribunal noted that the claim had been allowed to proceed out of time at a preliminary hearing and then determined the case under Rule 21 of the Employment Tribunals Rules of Procedure 2013 on the available material, including oral evidence from the claimant.

On the facts found, the claimant’s holiday year began on 20 April 2018, the start of his employment, and his employment ended on 14 September 2018 after 21 weeks and 1 day. The tribunal found that he took no paid holiday during his employment. It also found that he did not have a contract for regular hours, although he worked 5 days per week, so his net weekly pay was calculated by averaging the 12 payslips provided, resulting in £411.74.

Applying regulation 14 of the Working Time Regulations 1996, the tribunal calculated the compensation for accrued but untaken holiday on termination as 5.6 x 21.14/52 x £411.74, which produced £937.37. Judgment was therefore entered for the claimant in that sum.