Dlamini v Adecco Corporate — 2022

The claimant, Dypsyl Dlamini, worked for Adecco Corporate at its Bathgate premises from 1 December 2021 until 13 June 2022, with his last day in work on 9 June 2022. He was paid £11.76 per hour gross and accrued holidays in hours based on a percentage of hours worked. The tribunal found that he accrued 105.51 hours of holiday, had taken 70 hours, and was therefore due 35.51 hours of holiday pay on termination, amounting to £417.60 gross.

The respondent paid £370.51 gross on termination, leaving an underpayment of £47.09. Applying section 13 and section 23 of the Employment Rights Act 1996, and taking account of regulation 14 of the Working Time Regulations 1998, the tribunal accepted the claimant's evidence and held that the complaint of unauthorised deduction from wages was well founded. It ordered the respondent to pay the outstanding £47.09 gross, with the claimant to account to HMRC for any deductions properly due.

The claimant also said he suffered additional financial loss because his final salary, due on 24 June 2022, was not paid until 8 July 2022, resulting in a £24 landlord charge for late rent and a £20 bank charge. The tribunal did not accept that those losses were caused by the holiday-pay underpayment; on the balance of probabilities, they were due to the late payment of final salary and were not attributable to the matter complained of in these proceedings. No additional compensation was awarded.