THE INDUSTRIAL TRIBUNALS

CASE REF:	132/07

CLAIMANT:			Bartlomiej Lukasz Pawlicki

RESPONDENT:		Mr G Farmer

DECISION
The unanimous decision of the tribunal is that the respondent is ordered to pay the claimant £350.40 in respect of holiday pay.

Constitution of Tribunal:
Chairman:		Noel Kelly
Members:		1.  Mr G Hunter
			2.  Mr B Johnston

Appearances:
The claimant appeared in person assisted by an interpreter.
The respondent did not appear and was not represented.

Findings of Fact

(1)	The claimant started working for the respondent on 3 May 2005 as a roofer.

(2)	The claimant was paid £40 per day net of statutory deductions.

(3)	The claimant worked for five days per week and while voluntary overtime was available from time to time, there was no compulsory overtime.

(4)	There was no written contract and no verbal agreement in relation to annual leave or in particular on when a leave year began or ended.

(5)	The claimant resigned on 9 October 2006 after his requests for a pay increase were refused.

(6)	The claimant took two weeks leave in July 2005 and another two weeks leave in December 2005 but took no other leave.

The Law

(7)	The claimant is entitled to four weeks paid leave per leave year (Regulation 13(2) of the Working Time Regulations (Northern Ireland) 1998).

(8)	In the absence of a contractual agreement, a worker’s leave year commences on the date he started working for the respondent and each subsequent anniversary of that date (Regulation 13(3)).

(9)	If a worker’s employment is terminated during a leave year he is entitled to be paid in respect of leave which had accrued and which has not been taken, in accordance with Regulation 14(3).

Decision

(10)	The claimant is entitled to payment of £350.40p in respect of annual leave calculated as follows:

EMPLOYMENT DURING CURRENT LEAVE YEAR

3 May 2006 to 9 October 2006	=	                                                        160 days

RATE ACCRUAL OF ANNUAL LEAVE                                       20 days per leave year

ACCRUED LEAVE ENTITLEMENT			             160 x 20 = 8.76 days
                                                                                                      365

ENTITLEMENT                                                                   8.76 X £40 per day = £350.40

(11)	This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:	

Date and place of hearing:		21 August 2007, Enniskillen

Date decision recorded in register and issued to parties: