A Pint of Justice: Pub Employee’s Holiday Claim Succeeds
It is essential for employers to understand the legal requirements for employee holiday pay, as demonstrated by a recent tribunal case involving a restaurant supervisor who raised a claim for unpaid holiday.
Background
The claimant, Mr Puttock, had worked full-time at The Freemason’s Arms pub in Clitheroe from 8th March to 25th July 2024. During this time, he did not take any holiday. After leaving this employment, he did not receive any holiday pay, which prompted him to raise a tribunal claim.
Employment Law
The Working Time Regulations stipulate statutory minimum holiday entitlement and explain that employees must receive payment for accrued but untaken holiday following the termination of employment.
Tribunal Proceedings
The claimant attended the tribunal in person and provided evidence including his final payslip. The respondent, Mr White, submitted an ET3 response form to state he resisted the claim, but did not provide further explanation. Employment Judge Dunlop wrote to the respondent to request more information, but there was no reply to this letter.
During the hearing, the claimant explained that Mr White was the company manager and carried out day-to-day operations. The respondent did not attend the hearing.
Outcome
The Tribunal Judge determined that the claimant had accrued 92.4 hours’ holiday entitlement during his employment but this had not been paid. Consequently, the respondent was ordered to make this payment to the claimant, and furthermore the claimant was provided with information on how to enforce the award against the respondent, in the event of non-payment.
Takeaways for Employers
The case is a reminder of the importance of adhering to the Working Time Regulations and ensuring that holiday pay is calculated and paid correctly upon termination of employment.
Bright Contracts includes clear and comprehensive information on holiday pay in our template contracts and other resources, helping employers to comply with these legal requirements. Please contact us to learn more about the support we can offer you.
