Automated Summary
Key Facts
Mr M Ntambi successfully claimed against Nova Payroll Management Services Ltd t/a Pin Point Recruitment for unpaid accrued holiday pay upon termination, resulting in a compensation award of £1,578.26 (260.5 hours at £8.26/hour, less £572.73 already paid). Claims against Temps Ltd and Nick Pimblott were dismissed as they were not the claimant's employer. The judgment was issued on 31 July 2019 and sent to parties on 13 August 2019.
Transaction Type
Employment contract dispute over unpaid holiday pay upon termination
Issues
- Were Temps Ltd and Nick Pimblott the claimant's employer for the purposes of liability in relation to unpaid holiday claims?
- Did the employer breach the claimant's contract by failing to pay accrued but untaken holiday upon termination of employment?
Holdings
- The claimant's claim that Nova Payroll Management Services Ltd t/a Pin Point Recruitment breached his contract by failing to pay accrued but untaken holiday on termination was successful. The respondent is ordered to pay £1,578.26 as compensation, representing 260.5 hours at £8.26/hour, less £572.73 already paid. The claimant is reminded this compensation may be taxable.
- The claimant's claims against Temps Ltd and Nick Pimblott regarding unpaid holiday pay were dismissed, as neither were determined to be the claimant's employer.
Remedies
The Tribunal ordered Nova Payroll Management Services Ltd t/a Pin Point Recruitment to pay the claimant £1,578.26 as compensation for accrued but untaken holiday on termination. This sum represents 260.5 hours pay at an hourly rate of £8.26, less £572.73 already paid.
Monetary Damages
1578.26
Legal Principles
- The tribunal found that the employer breached the claimant's contract by failing to pay accrued but untaken holiday upon termination. The employer was ordered to pay £1,578.26 as compensation, after a partial payment was made.
- Claims against Temps Ltd and Nick Pimblott were dismissed as they were not the claimant's employer, applying the principle of privity of contract. Only the employer (Nova Payroll) could be held liable for the breach.
Key Disputed Contract Clauses
The obligation to pay accrued but untaken holiday pay upon termination of employment was central to the dispute. The tribunal found the employer breached this contractual provision.
Cited Statute
- Employment Tribunals (Interest) Order 1990
- Judgments Act 1838
Judge Name
Buzzard
Passage Text
- 2. The claimant's claims against Temps Ltd and Nick Pimblott in relation to unpaid holiday pay are dismissed, as neither Temps Ltd or Nick Pimblott were the claimant's employer.
- 1. The claimant's claim that Nova Payroll Management Services Ltd t/a Pin Point Recruitment breached his contract of employment by failing to pay his accrued but untaken holiday on termination of his employment is well-founded and succeeds. Nova Payroll Management Services Ltd t/a Pin Point Recruitment is ordered to pay to the claimant the sum of £1,578.26 as compensation.
Damages / Relief Type
Compensatory Damages: £1,578.26 for accrued but untaken holiday pay.