Case 3205638/2022 · Employment Tribunal
Mr N Liu v NGE Music Ltd — 2023
- Case reference
- 3205638/2022
- Decision date
- 9 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Reid Representation
Parties
2 namedClaimant
Mr N Liu
Respondent
Key findings
Tribunal's reasoningThe claim concerned accrued but untaken holiday pay said to be due when the claimant's employment ended in September 2022. He initially claimed 16 days for the 2021 holiday year and 4 days for the 2022 holiday year. The respondent agreed the claimant's daily gross pay was £115.40 if any holiday pay was found to be due.
At the hearing, the claimant withdrew the 2022 claim after further explanations from the respondent. The tribunal recorded that claim as dismissed on withdrawal. No separate award was made in respect of that issue.
The remaining issue was the 2021 holiday year entitlement. The tribunal found that the claimant had been furloughed in March 2020, returned to work in September 2021, and took 4 days' holiday shortly after returning. He did not ask to take more holiday during 2021, and his general question when booking those days did not amount to a request about carry forward. The tribunal found it was reasonably practicable for him to take the balance of his 2021 leave before the end of that year, and that the respondent could and would have accommodated it.
Because it was reasonably practicable for the claimant to take the leave, he did not fall within regulation 13(10) of the Working Time Regulations 1998 (as amended). The tribunal therefore held that no 2021 holiday pay was owed on termination under regulation 14(5), and dismissed the claim for 16 days' accrued but untaken holiday pay.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The claimant withdrew the claim for 4 days' accrued but untaken holiday for the 2022 holiday year after explanations at the hearing. The judgment records it as dismissed on withdrawal. | Withdrawn | — | — |
| Holiday pay | The claimant sought payment for 16 days' accrued but untaken holiday for the 2021 holiday year. The tribunal found he was not covered by regulation 13(10) of the Working Time Regulations 1998 (as amended), so nothing was payable on termination under regulation 14(5). | Dismissed | — | — |
Legal tests applied
3 references- Regulation 13(10) Working Time Regulations 1998
- Regulation 13(11) Working Time Regulations 1998
- Regulation 14(5) Working Time Regulations 1998
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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