Ms J Zalewska v Galicja London Limited — 2023

Ms J Zalewska's claims for unfair dismissal and a redundancy payment were dismissed because she did not have sufficient length of service. The tribunal then dealt with the unpaid holiday pay claim and recorded that the respondent had not provided written particulars of employment in accordance with section 1 Employment Rights Act 1996.

On the holiday pay issue, the respondent first said the claimant was not entitled to annual leave because she had not passed her trial period, and later said she had already been paid all holiday due. The tribunal found the evidence from both sides limited and unreliable in places, but relied on the claimant's P45 and the respondent's own handwritten note of weeks worked.

The tribunal found that the claimant earned £4,550 between 18 May 2021 and 28 November 2021. Over 23 weeks actually worked, that produced average weekly earnings of £197.80 and average weekly hours of about 20. Using those figures, the tribunal calculated accrued holiday entitlement at 59.9 hours.

The tribunal then calculated the holiday pay due as £93.60 for four weeks at £9 per hour and £494.00 for the remainder at £10 per hour, making £587.60 in total. Because the claimant succeeded on her claim, the tribunal also ordered the respondent to pay £400, representing two weeks' pay under section 38 Employment Act 2002, and it made no order for costs.