Ms T Fulker v The Crown Inn Ltd — 2021

The Tribunal dealt with the claim in the respondent's absence after waiting until 10:15 when the hearing had been listed for 10:00 and there was still no attendance or communication from the respondent. The Tribunal treated the respondent's ET3 and accompanying documents as its evidence and statement of case.

There was no disagreement that Ms Fulker had accrued 23.4 hours of holiday at the date her employment ended, and the Tribunal said that, even if there had been a dispute, it would have found that to be the correct figure. The Tribunal noted that this was the amount shown as holiday hours on the respondent's pay calculation for her last month.

The Tribunal rejected the suggestion that she was not entitled to payment in lieu of untaken holiday. It found that payment for accrued but untaken holiday had to be additional to normal weekly pay, and that the hours had to be paid at the normal rate rather than the furlough rate. On the figures provided, the normal rate was £10 per hour rather than £8 per hour.

Applying those figures, the Tribunal calculated that holiday pay should have been £234 for 23.4 hours, that Ms Fulker had been paid £46.80, and that the balance due was £187.20. The judgment therefore awarded Ms Fulker £187.20 for accrued but unpaid holiday under the Working Time Regulations 1998.