Case 4110815/2021 · Employment Tribunal
Ms S Taylor v Happy Days Out of School Care Limited — 2021
- Case reference
- 4110815/2021
- Decision date
- 19 November 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge J McCluskey
Parties
2 namedClaimant
Ms S Taylor
Respondent
Key findings
Tribunal's reasoningThe claimant, Ms S Taylor, presented her claim on 13 August 2021. The respondent defended the case and initially denied the breach of contract claim, saying notice pay had been paid in full, while conceding that holiday pay was owed but disputing the amount. The final hearing was first fixed for 29 October 2021, postponed on the respondent's application, and then relisted for 19 November 2021. The respondent did not attend the relisted hearing despite email notice and telephone contact attempts, so the tribunal proceeded in its absence.
At the hearing, Ms Taylor gave evidence that notice pay had since been paid and that she was no longer insisting on the breach of contract claim. The tribunal accepted that she had been employed by the respondent until 5 July 2021. It also accepted her evidence that she had not been paid for holidays accrued but untaken at the termination of employment, and accepted her calculation that the amount due was £2,496 gross.
The tribunal recorded that it had no jurisdiction to award compensation for stress and anxiety for late payment of notice pay, and no jurisdiction to order reimbursement of the legal fees said to have been incurred for advice on the breach of contract issue. The only outstanding claim therefore was holiday pay accrued but unpaid at termination, and that claim was found to be well founded.
The tribunal ordered the respondent to pay Ms Taylor £2,496 gross, subject to deduction of any tax and national insurance required to be made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal accepted the claimant's evidence that she was employed until 5 July 2021 and had not been paid for holiday accrued but untaken at termination. The claimant had initially also pursued a breach of contract point about notice pay, but said at the hearing that notice pay had since been paid and she was no longer insisting on that claim. | Upheld | — | £2,496 |
Remedy
Monetary award- Total award
- £2,496
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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