Mr Derya Deniz Satici v Butter on the Bread Limited At: Central London Employment Tribunal by CVP — 2025

Employment Judge Nicolle determined the claim on the documentation together with clarification from the Claimant at the hearing. The Respondent's application for a postponement, made on the afternoon of 31 January 2024 without supporting evidence, was refused given the nature of the claim and the prejudice to the Claimant. Although the Respondent had filed an ET3, it had not set out a denial or substantive defence to the claim that the Claimant had not been paid for holiday accrued during his employment between 1 May 2022 and 5 July 2024.

The Tribunal found the Claimant was entitled to payment for accrued holiday entitlement under the Working Time Regulations 1998. On an annual entitlement of 28 days, with no holiday taken for which payment had been made, the prorated accrued entitlement was rounded up to 61 days. Based on an average gross weekly salary for the last 12 weeks of employment of £314.83 (calculated in accordance with section 224 of the Employment Rights Act 1996, as the Claimant had no normal working hours), equivalent to a gross annual salary of £16,371.12, the daily rate at 1/260 was £62.97.

The Tribunal ordered the Respondent to pay accrued holiday entitlement of £3,840.92 to the Claimant, with the Claimant responsible for any applicable tax and employee national insurance contributions where payments are made gross.