(sitting alone) Morag Murphy v Caledonian Installs Ltd — 2021

The tribunal found that Morag Murphy was employed by Caledonian Installs Ltd from 21 July 2020 as an Admin and Sales Executive on a salary of £20,000 per annum. She took no annual leave during the employment. On 6 September 2020 the respondent told her that her employment was being terminated, gave one week’s notice, and did not require her to work that notice period. Her employment ended on 13 September 2020.

The tribunal held that the respondent did not give notice under Regulation 15 of the Working Time Regulations 1998 requiring the claimant to take annual leave during the notice period, or at all. As a result, the annual leave accrued during the short period of employment remained untaken at termination. The tribunal referred to Regulation 14 of the Working Time Regulations 1998 and to the rule that the statutory entitlement to payment in lieu of accrued holiday on termination cannot be excluded by contract, citing Whitley and District Men’s Club v Mackay.

On the facts found, the claimant had been employed for 7.9 weeks and accrued 4.3 days’ holiday. Using a gross daily rate of £76.92, the tribunal calculated the unpaid entitlement as £330.77 gross. It held that the respondent made an unauthorised deduction from wages within section 13 of the Employment Rights Act 1996 and ordered payment of that sum. No other remedy was recorded.