Unpaid Holiday Pay Claim Succeeds at Employment Tribunal
📌 In brief
An Employment Tribunal awarded a worker £892.30 for unpaid holiday pay after their employer failed to attend the hearing or provide evidence against the claim.
⚖️ Legal holding
An employer must provide proper holiday pay based on a rolling 12-week average if there is no valid ET3 or supporting evidence to refute the claim.
📖 Technical summary
The Employment Tribunal ruled in favour of the claimant for unpaid holiday pay, despite the respondent's absence and lack of evidence.
📜 Headnote Official document
The Employment Tribunal ruled in favour of the claimant for unpaid holiday pay, despite the respondent's absence and lack of evidence. The decision was based on the claim form and correspondence.
📚 Full judgment Official document
OUTCOME: Allowed
Case No:1810333/2024
1
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
HELD AT: Leeds Employment Tribunal ( By CVP) ON: 5 March 2026 BEFORE: Employment Judge Buckley
REPRESENTATION:
Claimant: [redacted]
[NAME] (litigation friend) Did not appear.
JUDGMENT (under rule 22) having been sent to the parties and written reasons having been requested by the [APPELLANT], the following reasons are provided:
REASONS
1. The [APPELLANT] failed to present a valid response on time. The [APPELLANT] was given notice of the final hearing. The [APPELLANT] applied for a postponement but this was refused. The [APPELLANT] did not attend the final hearing.
2. I took account of the information in the claim form and in correspondence from the [APPELLANT] and decided that I had sufficient information to determine the claim.
3. The claim form sets out that [RESPONDENT] pay is calculated on the basis of 1 weeks wage per year based on a rolling 12 week average. The amount claimed by the claimant was calculated on that basis, based on the wages that she had been paid. On that basis I was satisfied that the [RESPONDENT] pay was properly payable under her contract in the amount of £892.30.
4. Although the [APPELLANT] had not submitted an ET3 it was apparent from the correspondence and the claim form that the [APPELLANT] asserted that it had withheld the [RESPONDENT] pay because it said that the claimant had falsified her hours and damaged equipment. In the absence of any ET3 or any evidence to support this allegation I was satisfied that the wages were properly payable and that any deduction was unlawful.
Case No:1810333/2024
2
Approved by:
Employment Judge Buckley
Date 13 April 2026
JUDGMENT SENT TO THE PARTIES ON
FOR THE TRIBUNAL OFFICE
Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.
Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and [APPELLANT](s) in a case.
Case No:1810333/2024
1
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
REPRESENTATION:
Claimant: [redacted]
[NAME] (litigation friend) Did not appear.
JUDGMENT The Employment Tribunal Procedure Rules 2024 – Rule 22
1. The [APPELLANT] has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim in accordance with rule 22 of the Rules of Procedure. 2. The claim for unpaid [RESPONDENT] pay SUCCEEDS. 3. The [APPELLANT] shall pay the claimant the sum of £892.30. 4. The recoupment regulations do not apply.
Approved by:
Employment Judge Buckley
Date 5 March 2026
JUDGMENT SENT TO THE PARTIES ON
Case No:1810333/2024
2
FOR THE TRIBUNAL OFFICE
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Worker Wins Holiday Pay Claim Against Absent Employer
- Employment Tribunal Employer Failed to Consult Properly Before Redundancies: Claimants Win Prot…
- Employment Tribunal Claimant wins case over unauthorised wage cuts and unpaid holiday
- Employment Tribunal Employment Tribunal Orders Employer to Pay Unpaid Wages and Holiday Pay
- Employment Tribunal Unfair Dismissal Claim Successful: Employer Found Unreasonable
- Employment Tribunal Employment Tribunal Rules Employer to Pay Unpaid Wages and More
- Employment Tribunal Employment Tribunal Awards Protective Award for Collective Consultation Bre…
- Employment Tribunal Claimant Wins Unlawful Deduction of Wages and Holiday Pay Case at Employmen…
- Employment Tribunal Manchester ET Rules: Employer Must Pay Unpaid Wages and Redundancy
- Employment Tribunal Employment Tribunal Rules Employer Must Pay Unlawful Wages Deduction
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The employer must comply with the Working Time Regulations 1998 when calculating statutory annual leave payments.
- An employer must pay an employee their outstanding wages, holiday pay, and notice period if these are not provided as per the Employment Rights Act 1996 section
- An employer must provide accrued but untaken holiday pay to a departing employee under UK law.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal ruled in favour of the claimant, awarding them £892.30 for unpaid holiday pay.
Who was involved?
A worker and their employer were involved.
How did the court decide, and why?
The court decided based on the information provided in the claim form and correspondence, as the respondent failed to attend or provide evidence.
Which laws or rules were applied?
The Employment Rights Act 1996 and Working Time Regulations 1998 were applied.
What was the argument that mattered most?
The lack of a valid ET3 from the respondent and their absence at the hearing were crucial in the decision.
Was the decision for or against the person who brought the case?
The decision was for the claimant.
What does this mean for someone in a similar situation?
Someone with an unpaid holiday pay claim can succeed if their employer fails to respond properly and attend the hearing.
What evidence or documents mattered?
The claim form and correspondence were key, as no ET3 was provided by the respondent.
Can a decision like this be appealed?
Yes, decisions from Employment Tribunals can typically be appealed to an employment appeal tribunal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for specific legal cases.