Unpaid annual leave claim succeeds but notice pay fails

A small win on annual leave, but other claims fall away

This case shows that even a straightforward claim for unpaid annual leave can succeed, but other related claims may not. The former employee brought claims for unlawful deduction of wages, breach of contract for notice pay, and unpaid annual leave. The tribunal awarded £141.44 for the annual leave but dismissed the rest.

The employer, London 01 Shop Ltd, had failed to pay for the employee's accrued but untaken annual leave when he left. The tribunal found this was an unlawful deduction. However, the claim for notice pay failed because the employee could not show he was entitled to it under his contract or statute.

What could have been done differently

The employee's case was weakened by his failure to provide documents as ordered by the tribunal. This led to a preparation time order against him, increasing costs. If he had complied with disclosure, the hearing might have been smoother and his other claims might have been better supported.

For employers, this is a reminder to ensure that all accrued annual leave is paid on termination, even if the employee did not request it. The amount was small, but the principle is clear.

Why this matters

This case is a useful example of how tribunals handle multiple claims. The employee succeeded on one point but failed on others, and the award was modest. It highlights the importance of gathering evidence and complying with tribunal directions. For anyone considering a similar claim, it shows that even a partial win can be achieved without a lawyer, but preparation is key.