Miss B Catterson v GM Environmentals (Scotland) Ltd — 2018

Miss B Catterson was employed as a bookkeeper by GM Environmentals (Scotland) Ltd until 1 July 2018. She earned £21,000 per year, and the parties agreed a day’s pay was £80.77, calculated by dividing annual salary by 260 working days. The tribunal found that she attended work on 1 July 2018 and carried out her normal duties, and that no payment was made for that day.

The tribunal also found that the claimant was entitled to 28 days’ annual leave in the holiday year running from January to December. By the end of her employment on 1 July 2018 she had accrued half her annual entitlement, had taken 12 days, and therefore had 2 days’ holiday outstanding. The respondent had not paid her for those outstanding holidays.

On the evidence, the tribunal preferred the claimant’s account. It noted that the respondent had not lodged a response form and had brought no documentary evidence to support its position. Mr Millar was not present in the office on the day in question and could not say for certain whether the claimant had worked that day. The tribunal considered the claimant’s evidence clear and candid, and found no reason to disbelieve her.

The tribunal held that the unpaid day’s wage amounted to an unlawful deduction from wages contrary to section 13 of the Employment Rights Act 1996 and ordered payment of £80.77 gross. It further held that regulation 14 of the Working Time Regulations 1998 entitled the claimant to be paid in lieu of the 2 outstanding holiday days and ordered payment of £161.54 gross. The total award was £242.31 gross, with the relevant sums to be paid to HMRC.