Mr A Celik v Elpas Limited (in voluntary liquidation) — 2025

At the hearing on 12 March 2025 before Employment Judge A Williams, the claimant appeared in person with a Turkish interpreter and the respondent did not attend. The tribunal held that the claimant's holiday pay complaint was well-founded and made awards for holiday pay accrued during employment and on termination.

For the 2022/23 leave year, the tribunal found that the claimant had 28 days' holiday entitlement, had taken 16 days, and was therefore owed 12 days at £155 per day, producing £1,860. It also found that 0.7 days had accrued between 2 December 2023 and the end of employment on 9 December 2023, valued at £108.50. Those figures made up the award of £1,968.50 for holiday pay accrued but unpaid on termination. Separately, the tribunal found that the respondent had failed to pay in accordance with regulation 16(1) of the Working Time Regulations 1998 for 16 days' leave taken in the 2022/23 leave year, and awarded £2,480.

The tribunal also found the notice pay claim well-founded and awarded one week's wages of £806. In addition, because the respondent had failed to provide the claimant with a written statement of employment particulars when proceedings were begun and there were no exceptional circumstances making an award unjust or inequitable, the tribunal made an award under section 38 of the Employment Act 2002 equal to four weeks' gross pay, assessed at £3,224. All sums were awarded gross.