J Hendry (sitting alone) Mr Keith Armstrong v Limited (in Liquidation) — 2017

The Tribunal granted the claimant's further request for reconsideration of the earlier judgment. The request was made on the basis that holiday pay had been agreed but had not been dealt with in the earlier judgment, and that it was in the interests of justice to address it.

The Employment Judge accepted that he had been in error because he had used an earlier schedule of loss which did not include accrued holiday pay and had also failed to note a brief reference to holiday pay in the written submissions. The up-to-date schedule contained an unchallenged calculation for holiday pay, and it had been conceded at the outset of the hearing that the claimant was due nine days.

The Tribunal varied the earlier judgment to add an award of accrued but unpaid holiday pay. Using the unchallenged calculation in the schedule, the Tribunal recalculated the amount for nine days as £1,667.70.