Rosato v John Ferguson [2008] NIIT 503_08IT (01 August 2008)

The claimant was entitled to £399 in holiday pay as the employer was required under the Working Time Regulations to pay for accrued holiday at termination.

Citation: [2008] NIIT 503_08IT
Parties: Claimant: Gareth Rosato; Respondent: John Ferguson
Jurisdiction: Northern Ireland
Judgment Date: 01 August 2008
Procedural Posture: Industrial Tribunal Breach of Contract / Remedies Hearing Following Default Judgment
Outcome: Claim for holiday pay upheld
Legal Topics: Holiday Pay, Breach of Contract, Pay in Lieu of Notice

Employment Law Holiday Pay Breach of Contract Pay in Lieu of Notice

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Gareth Rosato

Claimant

John Ferguson

Respondent

Procedural Posture

Industrial Tribunal Breach of Contract / Remedies Hearing Following Default Judgment

Legal Issues

1 Whether the claimant is entitled to holiday pay under the Working Time Regulations upon termination of employment

Ratio Decidendi

The claimant was entitled to £399 in holiday pay as the employer was required under the Working Time Regulations to pay for accrued holiday at termination.

Court Disposition

Claim for holiday pay upheld

Orders

Respondent to pay claimant £399 in respect of holiday pay