Case 4102103/2023 · Employment Tribunal
Miss Lauren Irving v Represented by:15 Ms Janice Reid, Representative Ms Anna Walden, trading as Bombshell — 2023
- Case reference
- 4102103/2023
- Decision date
- 16 June 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Kemp
- Venue
- Glasgow remotely
Parties
2 namedClaimant
Miss Lauren Irving
Key findings
Tribunal's reasoningMiss Lauren Irving began working for Ms Maria Noble, trading as Serenity Holistic Beauty and Nails, on 1 December 2017 and worked 16 hours per week. The tribunal found that the business transferred to Ms Anna Walden on or around 1 January 2022, that this was a relevant transfer under TUPE 2006, and that the claimant's contract transferred to Ms Walden. The respondent's designation was amended to Ms Anna Walden trading as Bombshell Beauty Boutique. The claimant took one week of holiday in February 2022, went off sick on 16 March 2022, and resigned with immediate effect on 30 December 2022.
The tribunal accepted the claimant's evidence as credible and reliable. It held that annual leave continued to accrue during sickness, and that for the 2022 holiday year the entitlement was 5.6 weeks. The tribunal calculated entitlement by reference to 89.35 hours accrued, then deducted the 16 hours of holiday already taken and the £142.50 payment made after termination, which it treated as equivalent to 15 hours. That left 68.35 hours unpaid, and at £9.50 per hour the tribunal awarded £649.32.
The tribunal therefore upheld the claimant's holiday pay / unlawful deduction claim and found there had been a breach of Regulation 14 of the Working Time Regulations 1998. It rejected the claimant's separate request for payment for two bank holidays, namely the Platinum Jubilee and the Queen's funeral, because those were not days the employer was required by law to provide as paid holidays.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Accrued annual leave at termination; the tribunal held the unpaid balance also amounted to an unlawful deduction from wages and a breach of Regulation 14 of the Working Time Regulations 1998. The award was reduced by one week of holiday already taken and by the £142.50 paid after termination as a goodwill payment. | Upheld | — | £649 |
Remedy
Monetary award- Total award
- £649
- across all upheld claims
Legal tests applied
6 references- NHS Leeds v Larner [2012] IRLR 825
- Regulation 14 Working Time Regulations 1998
- Regulation 3 TUPE 2006
- Regulation 4 TUPE 2006
- Rule 34 Employment Tribunal Rules of Procedure
- section 27 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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