Claimant v Milton & Stirling Ltd — 2021

The claimant, Mr B Williams, started work for Milton & Stirling Limited on 28 January 2020 as a debt advisor in the respondent's Manchester office. He was paid a salary of £17,500 per annum, was not given a written statement of terms and conditions, and the tribunal found his holiday entitlement was 28 days per year including bank holidays. The issues were whether the respondent had breached the contract by failing to give one week's notice of termination, and whether there was any accrued holiday pay due under regulation 14(2) of the Working Time Regulations 1998.

On the notice issue, the tribunal rejected the respondent's case that a termination letter dated 14 September 2020 had been issued. It accepted the claimant's evidence that he was notified by WhatsApp on 28 September 2020 that the Manchester office was being closed with immediate effect, and it found that the more likely explanation was that the office manager had not issued the letter. The tribunal held that the claimant was entitled to one week's notice under section 86(1) of the Employment Rights Act 1996, that no such notice was given, and that this amounted to a breach of contract. It awarded 5 days' lost wages, calculated from a weekly gross pay figure of £336.54, in the sum of £240.38.

On holiday pay, the tribunal preferred the claimant's evidence that he had not taken any annual leave before 28 September 2020. It found, on the basis of the evidence before it and the unreliable record-keeping in the Manchester office, that he had taken the bank holidays but no annual leave, leaving 13 days of accrued holiday due on termination. Applying regulation 14(3) of the Working Time Regulations 1998, the tribunal calculated the amount due as £875 gross, subject to tax and national insurance. The judgment therefore records two successful claims and a total gross award of £1,115.38.