Mr C Nixon v Mr P Denning T/a Derick Stanley Butchers (England and Wales : Breach of Contract)

Factual and Procedural Background

The Plaintiff brought a claim against the Defendant for unpaid holiday entitlement. The Employment Tribunal considered the matter and found that the Defendant had failed to pay the Plaintiff the holiday pay owed. A Remedy Hearing was scheduled to determine the appropriate remedy following the finding of liability. Subsequently, the hearing originally set for 20 August 2021 was cancelled.

Legal Issues Presented

1. Whether the Defendant failed to pay the Plaintiff’s holiday entitlement.
2. The determination of the remedy appropriate for the Plaintiff’s entitlement.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Employment Judge found that the Defendant had not paid the Plaintiff’s holiday entitlement as required. This conclusion was reached under the Employment Tribunals Rules of Procedure 2013, specifically Rule 21. The Tribunal ordered the Defendant to pay the Plaintiff the sum of £1,088.00 net. The precise remedy and any further relief were reserved for a subsequent Remedy Hearing. The cancellation of the hearing scheduled for 20 August 2021 indicates procedural management following the finding of liability.

Holding and Implications

The claim succeeds. The Defendant is ordered to pay the Plaintiff £1,088.00 (net) for unpaid holiday entitlement. The Tribunal will determine the full remedy at a later hearing. This decision directly affects the parties by confirming the Defendant’s liability for unpaid holiday pay, but it does not establish new legal precedent.