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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Conway v Joanna Spence [2010] NIIT 1437_10IT (08 October 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/1437_10IT.html
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1437/10
CLAIMANT: Siobhan Conway
RESPONDENT: Joanna Spence
DECISION
The decision of the tribunal is that the claimant is entitled to payment of £356.41 as accrued holiday pay calculated as set out in this decision.
Constitution of Tribunal:
Chairman (sitting alone): Mr N Kelly
Appearances:
The claimant appeared in person.
The respondent did not enter a response and did not appear at the hearing.
Relevant facts
1. The claimant was employed by the respondent from 1 September 2009 to 31 March 2010.
2. There was no written contract of employment and there was no oral or written contractual provision specifying the dates on which annual leave would commence and finish. The leave year is therefore taken to have commenced on 1 September 2009.
3. The claimant’s net hourly rate was £5.48. She worked, on average, 20 hours per week.
4. The claimant had taken no annual leave during her period of employment and had received no accrued holiday pay on the termination of that employment.
5. 1 September 2009 – 31 March 2010 = 212 days
Rate of accrual : 212/365 x 28 days = 16.26 days
Average daily net pay = £ 21.92
Accrued holiday pay = £21.92 x 16.26 = £356.41
6. The claimant is therefore entitled to be paid £356.41 by the respondent.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 22 September 2010, Belfast
Date decision recorded in register and issued to parties: