Pollock v Grey Side Ltd — 2022

The claimant brought a holiday pay claim on 28 March 2022. The respondent did not lodge a response and did not appear. The tribunal heard evidence from the claimant and accepted that she had been employed from 8 April 2021 to 2 January 2022, that she resigned and worked her notice, that there was no written contract, and that she was paid weekly in arrears on the basis of an agreed annual salary of £20,000 for 9 hours per day, 5 days per week.

The tribunal found that the claimant was paid £384.62 gross per week, equating to a daily rate of £76.92 or £8.55 per hour. It accepted her evidence that she requested one day of annual leave during employment and was told she could take that as a day in lieu. By the date her employment ended, she had taken no annual leave and had accrued 20 days of unused holiday.

Applying sections 13 and 13A of the Working Time Regulations 1998, the tribunal held that in the absence of a relevant written agreement the leave year began on 8 April 2021. Under regulation 14(2) and (3), and using the expired part of the leave year and the fact that no leave had been taken, it calculated that the claimant had accrued 20 days of untaken holiday worth £1,538.40 gross at £76.92 per day.

The tribunal also noted that the national minimum wage rate which ought to have been paid was £8.91 per hour. Using regulation 7 of the National Minimum Wage Regulations 2015, it found the hourly rate paid was £0.36 below that figure, equivalent to £3.24 per day and £64.80 across the 20 days. The tribunal was satisfied that the claimant was owed £1,603.20 gross in total for holidays accrued but untaken at termination, less deductions for tax and national insurance as required.