Worker Wins Holiday Pay Claim Against Absent Employer

OUTCOME: Allowed

Case No: 2404944/2025

1

EMPLOYMENT TRIBUNALS

Appellant: [redacted]

HELD AT:

Liverpool (by CVP, remote) ON: 11 March 2026 BEFORE: Employment Judge Johnson

REPRESENTATION:

Claimant: [redacted]

[NAME] (friend)

Did not attend

JUDGMENT

(1) The complaint in respect of holiday pay is well-founded. The [APPELLANT] made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. (2) The [APPELLANT] shall pay the claimant £2186.78 (Two Thousand and Eighty-Six Pounds 78 Pence). The claimant is responsible for paying any tax or National Insurance.

REASONS 1. The claimant attended with his friend [NAME] and the [APPELLANT] company’s representatives did not attend. I was content that the company had been properly served with the proceedings at their registered office. The company remains

Case No: 2404944/2025

2 registered at [NAME] and the proposal to strike off the register is suspended upon application by Ms [APPELLANT] on behalf of the claimant.

2. I heard from the claimant and Ms [APPELLANT] had helpfully produced a schedule of loss using calculation in support of the claim for holiday pay which had accrued. Relevant calculations using the HMRC website had been submitted, together with details of taxable pay received during the period of employment from 8 April 2024 until 1 May 2025.

3. The claimant also produced the available pay slips for this period, which were the majority of his payslips, which confirmed that he was paid by the [APPELLANT] company, received minimum wage payments for hours worked, but no reference was made to any holiday being paid to him.

4. The [APPELLANT] had failed to engage with the Tribunal process and had failed to present a response to the claim or make any submissions concerning the remedy sought.

5.

I therefore concluded that the claimant had demonstrated a failure by the [APPELLANT] to pay holiday pay in the sum of £2186.78 and judgment was issued accordingly.

_____________________________

Employment Judge Johnson

Date___11 March 2026

JUDGMENT SENT TO THE PARTIES ON

23 April 2026

FOR THE TRIBUNAL OFFICE

Notes

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.

Recording and Transcription

Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not

Case No: 2404944/2025

3 be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here:

https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation- practice-directions/

Case No: 2404944/2025

4

NOTICE

THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12

Case number: 2404944/2025

Name of case: [APPELLANT]

v [RESPONDENT] [COMPANY] is payable when an Employment Tribunal makes an award or determination requiring one party to proceedings to pay a sum of money to another party, apart from sums representing costs or expenses.

No interest is payable if the sum is paid in full within 14 days after the date the Tribunal sent the written record of the decision to the parties. The date the Tribunal sent the written record of the decision to the parties is called the relevant decision day.

Interest starts to accrue from the day immediately after the relevant decision day. That is called the calculation day.

The rate of interest payable is the rate specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as the stipulated rate of interest.

The Secretary of the Tribunal is required to give you notice of the relevant decision day, the calculation day, and the stipulated rate of interest in your case. They are as follows:

the relevant decision day in this case is: 23 April 2026

the calculation day in this case is:

24 April 2026

the stipulated rate of interest is:

8% per annum.

For the Employment Tribunal Office