Ms K George v AP Dental Practice — 2022

Ms K George did not attend the hearing and did not apply for an adjournment or explain her absence. Employment Judge Scott proceeded under Rule 47 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, having regard to the claim form and the other material on the file.

The claim form, presented on 12 October 2021 before employment ended on 22 October 2021, said the claimant was owed one day's holiday pay in respect of a bank holiday. The respondent's response, accepted late, stated that the bank holiday had by then been paid. Mr A Patel gave evidence for the respondent and said the claimant had been employed as a receptionist from 13 July 2021 to 22 October 2021. The tribunal found that during employment she took two days' holiday, was paid for one day's annual leave, but was not initially paid for one day's bank holiday leave.

The tribunal recorded that the respondent initially disputed liability but later accepted in November 2021 that the bank holiday should have been paid and made payment for that day, together with payment for accrued untaken leave. The tribunal referred to Regulations 13 and 13A and Regulation 16 of the Working Time Regulations 1998, noted that the claimant had been paid in lieu of accrued holiday on termination and that the respondent then paid an additional day's pay for the unpaid bank holiday. In those circumstances, the claim was dismissed.