EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4101944/2020 Hearing by Cloud Video Platform (CVP) on August 2021 Employment Judge: M A Macleod Angela Campbell v Represented by Mr G Booth Consultant — 2021

The claimant’s case originally included a number of complaints, but after withdrawal of part of the claim the only issue left for determination was whether the respondent had unlawfully deprived her of pay in respect of annual leave accrued but untaken at the end of her employment. The respondent did not attend the hearing and was not represented. The claimant gave evidence and relied on productions in support of her account.

The tribunal found that the claimant had been employed by the respondent from 17 March 2009, having transferred in under TUPE after working as manageress of the machine arcade since 2001. Her employment ended by resignation with effect from 13 January 2020 after a period of sickness absence that began in March 2019. During that absence she took no annual leave and was not paid in lieu of the outstanding entitlement on termination, despite referring to the issue in her resignation letter.

The tribunal accepted that the claimant was entitled to 5.6 weeks’ paid holiday each year, inclusive of public holidays, and that her annual leave year ran from 1 January to 31 December under her written terms. It calculated her pay at £216 per week, with a daily rate of £43.20, and held that the holiday entitlement should be pro-rated for the 44 weeks of absence from work.

On that basis, the tribunal concluded that the appropriate entitlement was 23.69 days’ leave, producing an award of £1,023.41. It therefore held that the claim for unlawful deductions of wages succeeded and ordered the respondent to pay that sum to the claimant as compensation.