Timbulas v The Construction Workers Guild Ltd (Contract of Employment : Sick pay and holiday pay) [2013] UKEAT 0325_13_0512 (05 December 2013)
The Employment Judge did not err in law by refusing to guess the number of holidays taken beyond Bank Holidays due to insufficient evidence. The claim for consequential loss should be considered, and interest at 5% above base rate is awarded on sums already awarded for holiday pay.
- Citation
- [2013] UKEAT 0325_13_0512
- Parties
- Claimant: Cornel Timbulas; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 05 December 2013
- Procedural Posture
- Employment Appeal / Appeal Against Remedy Judgment
- Outcome
- Appeal partially allowed
- Legal Topics
- Holiday Pay, Consequential Loss, Burden of Proof, Interest on Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Cornel Timbulas
Claimant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal Against Remedy Judgment
Legal Issues
- 1 Whether the Employment Judge erred in failing to make a finding about holiday days over Christmas
- 2 Whether the Employment Judge erred in failing to hear evidence or make a finding about consequential loss
Ratio Decidendi
The Employment Judge did not err in law by refusing to guess the number of holidays taken beyond Bank Holidays due to insufficient evidence. The claim for consequential loss should be considered, and interest at 5% above base rate is awarded on sums already awarded for holiday pay.
Court Disposition
Appeal partially allowed
Orders
- Interest at 5% above base rate to be paid on sums awarded for holiday pay
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