Employment tribunal applies Stringer and awards backdated holiday pay
In Rawlings v The Direct Garage Door Company Ltd, an employment tribunal has found that an employee who was on long-term sick leave was entitled to a payment in respect of holiday pay unlawfully deducted from his wages. He was off sick from 1st January 2004 until he resigned on 5th April 2006. Although he had been absent throughout 2004, the employer paid Mr Rawlings holiday pay for that year but refused to pay him anything for 2005 or 2006. He sued for unlawful deductions from wages. Following the decisions of the ECJ and House of Lords in the Stringer case, the employment tribunal found in favour of Mr Rawlings. It held that he was entitled to just over £1,500, being holiday pay for 2005 and 2006 wrongfully deducted from wages.