In person For the v Mr S Cutting, General Manager — 2021

The tribunal accepted the employment dates agreed in the ET3, namely 21 December 2020 to 10 September 2021. It found that the relevant holiday year ran from 1 April and that there was no carry-forward provision. Because the respondent did not produce the claimant's individual holiday records, the tribunal accepted the claimant's evidence that he had not taken any of his 9 days of accrued annual leave in the period 1 April 2021 to 10 September 2021.

On bank holidays, the tribunal accepted the respondent's evidence that it worked half of the bank holidays each year. It therefore found that the claimant had worked 3 of the 5 bank holidays in the relevant period. Using the pay evidence before it, the tribunal rejected the claimant's assertion that his take-home pay was £400 per week and instead relied on payslips showing £350 per week, giving a daily take-home rate of £70. It awarded £840 for 12 days' holiday pay.

The tribunal also accepted the claimant's evidence that he had signed a contract of employment which was retained by the respondent and not issued to him. It awarded two weeks' pay, amounting to £700, for failure to issue written terms and conditions of employment under s.38 Employment Act 2002. The total award was therefore £1,540.