Automated Summary
Key Facts
Mr A Corby, the claimant, was employed by Beacon Construction & Joinery Ltd under a contract dated 11 May 2016. The claimant took no paid holiday during the 2017 holiday year, leading to a contractual holiday pay claim of £1,398.00. The statutory holiday pay calculation resulted in an award of £202.00 for the difference. Additionally, the claimant was awarded £178.70 for SSP and the counter claim for vehicle damage was reduced to £1,000.00, resulting in a net award of £678.70.
Issues
- The claimant was entitled to two weeks of statutory sick pay at £89.35 per week, totaling £178.70, as the respondent's evidence was accepted regarding the amount owed at termination.
- The claimant was entitled to contractual holiday pay calculated at 2.33 days per complete calendar month, resulting in £1,398 for the holiday year 2017. The contract specified the holiday year as the calendar year and the accrual rate.
- The statutory holiday pay was calculated at 28 days (15 days rounded up) at £500 per week, resulting in £1,500. The contractual amount was £1,398, so the difference of £202 was awarded.
- The counter claim for vehicle damage was partially upheld. The tribunal limited the claim to £1,000, considering the insurance excess of £500 and the respondent's decision not to claim on insurance to protect their premium.
Holdings
- The counter claim was granted only to the extent of £1,000.00, as the full amount was deemed unreasonable.
- The claim for breach of contract regarding contractual holiday pay was upheld, awarding the claimant £1,398.00.
- The claimant was awarded £202.00 for non-payment of statutory holiday pay.
- The respondent is ordered to pay the claimant £678.70, calculated as the total awards minus the counter claim.
- The claim for unlawful deduction of wages for failure to pay statutory sick pay was successful, awarding £178.70.
Remedies
- Counterclaim for vehicle damage awarded £1,000.00 to the respondent.
- Awarded £202.00 for non-payment of statutory holiday pay.
- Awarded £1,398.00 for contractual holiday pay under breach of contract.
- Awarded £178.70 for statutory sick pay (SSP) under unlawful deduction of wages.
Monetary Damages
678.70
Cited Statute
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- Employment Tribunal Extension of Jurisdiction Regulations
- Working Time Regulations
- Employment Tribunals Act 1996, Section 3
- Employment Rights Act 1996, sections 15 & 27
Judge Name
O'Neill
Passage Text
- 6 X 2.33 X £500 = £1398
- 32. Given that the vehicle was insured a reasonable person reading the contract might assume that their exposure to financial risk when driving the vehicle would be limited to the insurance excess. In the circumstances and particularly given the other factors relating to the vehicle's continued use, the failure to inform the claimant of his liability before the contract terminated, the length of time between making such a claim and the incident I do not consider that £1473.59 to be a reasonable cost to impose on the claimant.