Ali v Tariq Masood India Taste Limited (Breach of Contract Other) [2022] NIit 14923_19it (22 April 2022)

Ali v Tariq Masood India Taste Limited (Breach of Contract Other) [2022] NIit 14923_19it (22 April 2022)

The claimant was employed by India Taste Limited. He did not receive payment for statutory paid holiday entitlement during or after his employment. The employer failed to provide the opportunity or information necessary for the claimant to take paid annual leave, so the minimum 4-week entitlement carried over and accumulated until termination. The claimant is entitled to payment for accrued holiday pay and an additional award for the employer's failure to provide a written statement of employment particulars.

Citation
[2009] IRLR 677
Parties
Claimant: [Claimant Name Not Provided]; First Named Respondent: India Taste Limited; Second Named Respondent: [Second Named Respondent Name Not Provided]
Jurisdiction
Northern Ireland
Judgment Date
22 April 2022
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
claim allowed
Legal Topics
Holiday Pay, Written Statement of Employment Particulars, Unauthorised Deduction From Wages, Statutory Paid Leave, Carry Over of Holiday Entitlement
Employment Law Holiday Pay Written Statement of Employment Particulars Unauthorised Deduction From Wages Statutory Paid Leave Carry Over of Holiday Entitlement

Case Brief

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Parties

[Claimant Name Not Provided]

Claimant

India Taste Limited

First Named Respondent

[Second Named Respondent Name Not Provided]

Second Named Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Who was the claimant employed by?
  2. 2 Is the claimant entitled to holiday pay?
  3. 3 Is the claimant due payment for paid holiday entitlement accrued due to termination of employment?

Ratio Decidendi

The claimant was employed by India Taste Limited. He did not receive payment for statutory paid holiday entitlement during or after his employment. The employer failed to provide the opportunity or information necessary for the claimant to take paid annual leave, so the minimum 4-week entitlement carried over and accumulated until termination. The claimant is entitled to payment for accrued holiday pay and an additional award for the employer's failure to provide a written statement of employment particulars.

Court Disposition

claim allowed

Orders

  • First-named respondent to pay the claimant £944.54 gross in respect of holiday pay.
  • First-named respondent to pay the claimant £362.92 for failure to provide a written statement of employment particulars.