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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Hines v Hazel Crothers TF Woodside [2013] NIIT 02364_12IT (06 March 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/2364_12IT.html
Cite as: [2013] NIIT 02364_12IT, [2013] NIIT 2364_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2364/12
CLAIMANT: Donna Hines
RESPONDENT: Hazel Crothers TF Woodside
DECISION
The decision of the tribunal is that the claimant is entitled to a payment of £196.79 in respect of unpaid holiday leave.
Constitution of the Tribunal
Chairman (sitting alone): Ms F Oliver
Appearances:
The claimant attended and represented herself.
The respondent was represented by Mrs Hazel Crothers, Director.
ISSUES
1. The question for the tribunal is whether the claimant is entitled to carry over untaken holiday leave which the claimant was unable to take due to sickness.
FINDINGS OF FACT
2. The claimant was employed as a sales assistant from 25 August 1998 to 29 October 2012.
3. The claimant earned £232.13 gross per month and £221.75 net per month.
4. The claimant was entitled to 29 days holidays in each leave year and the leave year ran from 1 September to 31 August. During the leave year ending on 31 August 2012, the claimant was only entitled to 28 days holidays as she had taken an extra day in the 2011 leave year.
5. During the leave year to end of August 2012 the claimant was paid for 18 days holidays.
6. The claimant was told that she was not entitled to accrue holiday pay during her periods of sickness which exceeded one month. Based on this information, the respondent calculated that the claimant was entitled to 23 days holiday.
7. It was agreed that the claimant would take her final week of holidays during the week of 26 to 31 August. However, the claimant was sick during this week and was paid sick pay, not holiday pay for that period.
THE LAW
8. An employee is entitled to the full complement of holiday entitlement during periods of sick leave.
9. An employee is entitled to carry over unused holiday leave where the employee is unable to take holidays due to sickness.
10. The period of leave which an employee is entitled to carry over is limited to ensuring that an employee receives 20 days or four weeks holiday in each leave year.
APPLYING THE LAW TO THE FINDINGS OF FACT
11. The claimant received holiday pay for 18 days and not for 28 days as she should have in the holiday leave period ended 31 August 2012.
12. The claimant is entitled to carry forward two days into the next leave year being the 20 days entitlement less the 18 days received. This equates to £88.70.
13. The claimant is entitled to 34.56 hours holiday pay on a pro rata basis for the period to 29 October 2012. The claimant received 17.5 hours holiday pay for this period. The claimant is therefore entitled to £108.09.
14. The claimant is entitled to £196.79 in respect of unpaid holiday leave.
15. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 7 January 2013, Belfast.
Date decision recorded in register and issued to parties: