Mr Jack Scott v Bdr Ltd — 2024

Mr Jack Scott had been employed by BDR 13 Ltd as a pizza chef. His only claim was for unpaid entitlement to paid annual leave under regulation 14 of the Working Time Regulations 1998, which the tribunal noted could be brought under regulation 30 or as a deduction from wages. The respondent did not submit an ET3 and did not attend the hearing, although the tribunal was satisfied from other correspondence that it was aware of the hearing and of the tribunal process.

The claimant gave brief oral evidence and provided documents during the hearing. The respondent's payslips included a running balance of accrued entitlement to paid annual leave in hours, and the claimant accepted the balance shown on the final payslip as correct. He said he had taken no leave during employment, and the tribunal accepted his evidence and calculation as cogent, document-supported, and uncontradicted.

On that basis, the tribunal found that the claimant had an outstanding balance of 39.49 hours of leave at £11.50 per hour gross, amounting to £454.14. It ordered BDR 13 Ltd to pay £454.14 gross to the claimant in respect of his accrued entitlement to paid annual leave at the date of termination.