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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Quinn v Marc Scott Transport [2011] NIIT 1999_10IT (14 January 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/1999_10IT.html
Cite as: [2011] NIIT 1999_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1999/10
CLAIMANT: Maurice Joseph Quinn
RESPONDENT: Marc Scott Transport
DECISION
The unanimous decision of the tribunal is that the claimant is entitled to £1,225.00 in respect of unpaid holiday pay.
Constitution of Tribunal:
Chairman (Sitting alone): Ms Fionnuala Oliver
Appearances:
The claimant appeared in person.
The respondent did not appear and was not represented.
1. The respondent did not attend the hearing. The tribunal decided to dispose of the proceedings in the absence of the respondent, pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
The Issue
2. The issue for the tribunal is whether the claimant is entitled to unpaid holiday pay for the period March 2009 to June 2010.
The Evidence
3. The claimant informed the tribunal that he took ten day’s holidays during 2009 being three days at Christmas, two days at Easter and one week in August. He did not receive pay during these periods. He was entitled to other holidays but he did not take them as he preferred to work when he could. His pattern of working was erratic and he only worked and received pay when he was needed. The claimant explained that he would be asked to work on certain days and if the employer did not need him on other days, he simply sat at home and waited until he was needed again. The claimant was not provided with a Contract of Employment.
4. The respondent completed a Response in which he indicated that the claimant was only entitled to holiday pay for the period from April 2010 to the 9 June 2010 being the date of leaving. The respondent calculated the entitlement to be 4 days. The respondent stated that the claimant had no entitlement to holidays for April 2009 to April 2010 as he had not made a request to carry over holidays.
Findings of Fact
5. The claimant was employed by the respondent from 1 March 2009 to 9 June 2010.
6. The claimant took two weeks holidays between March 2009 and March 2010 for which he did not receive pay.
7. The claimant did not take any other holidays during this period.
8. In the absence of a written contract of employment, we take the claimant’s holiday year to run from 1 March 2009 to 28 February 2010.
9. The claimant’s net pay was £350.00 per week.
The Law
10. A full time employee is entitled to 28 days holiday every year.
11. In the absence of a written Contract of Employment, the holiday year will run from the date of first employment.
12. In the absence of agreement, an employee is not entitled to carry forward unused holidays into the next holiday year.
Applying the Law to Findings of Fact
13. The claimant is entitled to two weeks holiday pay for the period 1 March 2009 to 28 February 2010 as the claimant did not receive his holiday pay for the holidays which he took. This is £700.00.
14. The claimant is entitled to be paid for his holiday entitlement from 1 March 2010 to 9 June 2010. This is calculated as 14 weeks employment and this equates to 7.5 days or 1.5 weeks. This is calculated as £525.00
15. We are satisfied from the evidence of the claimant that he is entitled to the sum of £1,225.00 in respect of unpaid holiday pay.
16. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 10 November 2010, Belfast.
Date decision recorded in register and issued to parties: