Automated Summary
Key Facts
Miss K Isam worked for R & D Supermarket Limited from 15 September 2017 to 22 June 2019, contracted for 16 hours weekly at £8.21/hour. She resigned with notice but was required to leave immediately. The tribunal awarded her £665.01 total: £131.36 for notice pay, £270.93 for accrued untaken holiday pay (33 hours), and £262.72 for the employer's breach of duty to provide a written statement of employment particulars. The respondent admitted partial liability but disputed calculations, and the judge applied the Employment Rights Act 1996 and Working Time Regulations 1998 to determine entitlements.
Issues
- Calculation of unpaid holiday pay under Working Time Regulations 1998, Regulation 14, where the claimant accrued 69 hours of holiday entitlement but took 36 hours. The tribunal awarded £270.93 for 33 hours' untaken holiday pay.
- Entitlement to 1 week's notice pay under the Employment Rights Act 1996, section 86, where the claimant resigned with notice but was told to finish immediately. The tribunal awarded £131.36 in lieu of notice at £8.21/hour for 16 hours/week.
- Breach of duty to provide written statement of employment particulars under Employment Rights Act 1996, section 1, leading to compensation under Employment Act 2002, section 38. The tribunal awarded 2 weeks' pay (£262.72) for this breach.
Holdings
- Holiday pay of £270.93 was awarded for accrued untaken leave under the Working Time Regulations 1998. The claimant had accrued 69 hours of leave, 33 of which remained unpaid at termination, calculated at £8.21/hour for 16 hours/week.
- The tribunal awarded the claimant £131.36 in notice pay under the Employment Rights Act 1996, as she was entitled to a week's notice and did not waive her right. Her notice period was terminated immediately by the respondent.
- Compensation of £262.72 was awarded for the respondent's breach of duty to provide written employment particulars under Section 1 of the Employment Rights Act 1996. The respondent's director admitted no contract was provided, triggering Section 38 of the Employment Act 2002.
Remedies
- The respondent must pay £262.72 as compensation for breaching the duty to provide written employment particulars.
- The respondent must pay £131.36 in notice pay to the claimant.
- The respondent must pay £270.93 in holiday pay for accrued untaken hours.
Monetary Damages
665.01
Legal Principles
The tribunal applied the Employment Rights Act 1996 (Section 1 requiring written employment particulars) and the Working Time Regulations 1998 (Regulation 13 and 14 governing holiday entitlement calculations). Compensation was awarded under Section 38 of the Employment Act 2002 for the employer's failure to provide written terms.
Cited Statute
- Employment Rights Act 1996
- Working Time Regulations 1998
- Employment Act 2002
Judge Name
Employment Judge Batten
Passage Text
- Pursuant to Regulation 14 of the Working Time Regulations 1998, the claimant had accrued 69 hours of holiday entitlement at the date of termination of her employment. The claimant had taken 36 hours of holiday in the leave year and is therefore entitled to payment for accrued untaken holiday entitlement of 33 hours' pay which equates to £270.93 gross holiday pay.
- The judgment of the tribunal is that the respondent shall pay to the claimant the total sum of £665.01 comprising: 1. notice pay in the gross sum of £131.36; 2. holiday pay due at the termination of the claimant's employment in the gross sum of £270.93; and 3. compensation of 2 weeks' pay in the sum of £262.72 for the respondent's breach of its duty to provide the claimant with a written statement of employment particulars.
- Section 38 of the Employment Act 2002 provides that, upon a successful claim for compensation for unpaid holiday pay under the Working Time Regulations 1998 and other matters, the Tribunal must make an award of compensation to an employee where it is evident that the employer was in breach of its duty to provide written particulars of employment under section 1 of the Employment Rights Act 1996. This is just such a case and accordingly I make an award of 2 weeks' pay, which is £262.72, to be paid by the respondent to the claimant for the respondent's default.