C Lucas (Sitting alone) Miss Linzi Cannon v Respondent — 2018

Miss Linzi Cannon was employed by Mr James Alexander Smith, trading as Stuart Gallone & Son, from 23 October 2015 to 30 June 2017. She gave written notice on 28 June 2017 stating that she was leaving on 30 June 2017, and the tribunal found that the effective date of termination was 30 June 2017. It rejected the ET1 date of 14 July 2017 and found that the holiday year ran from 1 January to 31 December, with a statutory entitlement of 28 days' paid holiday for a five-day worker.

On that basis the tribunal found that, by 30 June 2017, the claimant had taken 8 days' paid holiday in the 2017 holiday year and still had 6 days accrued but untaken. Using her annual salary of £16,000, it calculated the gross sum due in lieu of that holiday as £369.23. The respondent had deliberately not paid that sum, saying he was dissatisfied with the short notice given, but the tribunal held that this did not justify the deduction and found a breach of s.13 ERA 1996, with entitlement to payment in lieu under regulation 14 of the Working Time Regulations 1998.

The tribunal also found that the respondent had never provided the claimant with a written statement of particulars of employment, and had refused to do so when asked. It treated that as a breach of s.1 ERA 1996 and, applying s.38 of the Employment Act 2002, awarded the higher amount of 4 weeks' pay, assessed at £1,230.77. The claimant's notice pay claim was withdrawn at the hearing, and the reference to discrimination in the ET1 was found to have been included in error and was dismissed. The total award was £1,600.