Mr Jacobus James Simpson v IF Finishes North West Ltd — 2025

At the hearing on 14 March 2025 before Employment Judge Cookson, with the claimant appearing in person and the respondent not attending, the tribunal found the holiday pay complaint well-founded. It held that the respondent had failed to pay for holidays accrued but not taken when the claimant’s employment ended and awarded £1,076.92, noting that the claimant was responsible for any tax or National Insurance on that sum.

The tribunal also found that the respondent failed to give the claimant written itemised pay statements required by section 8 Employment Rights Act 1996 between 1 July 2024 and 16 August 2024. It further found unnotified deductions totalling £2,215.04 from the claimant’s pay in the 13 weeks before the claim form was presented and awarded that amount in respect of those deductions.

In addition, the tribunal found that when the proceedings were begun the respondent was in breach of its duty to provide a written statement of employment particulars. It held that there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, and that it was not just and equitable to award four weeks' gross pay. Under section 38 Employment Act 2002, it therefore awarded £1,400. The total payable to the claimant was £4,691.96.