Mr R H Hallett v Dalnaglar Holiday Cottages Ltd — 2024

The claimants were employed by the respondent from 6 June 2022 until their resignations took effect on 12 September 2023. They then worked a further six days to provide cover until replacement staff started on 4 October 2023. The respondent lodged a response but did not attend the hearing, and its late application to postpone was refused. The first claimant gave evidence on behalf of both claimants, and that evidence was in most material respects consistent with the respondent's written response.

The tribunal found that both claimants ought to have been paid for the period from 1 to 12 September 2023 and for the additional days worked on 23 and 24 September, 30 September and 1 October, and the handover on 3 and 4 October 2023. Applying a five-day-week daily rate, it calculated the first claimant's arrears of pay at £978.49 and the second claimant's at £698.97. It ordered payment of £978 to the first claimant and £699 to the second claimant as unlawful deductions from wages under section 13 of the Employment Rights Act 1996.

The tribunal also found that the claimants had not taken annual leave in the holiday year beginning 1 June 2023 and that, when the extra days worked were included, 8.5 days of leave had accrued by 18 September 2023. Under regulation 16 of the Working Time Regulations 1998, it awarded the first claimant £559.81 for accrued but untaken holiday and the second claimant £399.84, rounded to £560 and £400 respectively. All sums were ordered gross of tax and National Insurance, and the claimants were required to account to HMRC for tax and NI.