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6006714/2025Partially Successful

Seewoo Chinatown Ltd

14 July 2025England & WalesMr J S Burns
GOV.UK

Case Summary

The claimant succeeded in claims for arrear salary, pay in lieu of untaken holidays and pension contributions. The claims for notice pay and redundancy payment were dismissed.

Key Issues

  • Arrear salary
  • Pay in lieu of untaken holidays
  • Pension contributions

Claim Types

Cited Laws and Legal Issues

Working Time Regulations 1998Working Time Regulations 1998

rolled forward to later leave years. Under the Working Time Regulations payment in lieu of holiday not taken can only be claime

Decision Text

6006714 2025 1 EMPLOYMENT TRIBUNALS Claimant: Ms Ning Xue Respondents Seewoo Chinatown Limited Heard at London Central (by CVP) On: 14/7/2025 Before: Employment Judge Mr J S Burns Representation Claimant: In person Respondent: No appearance JUDGMENT 1. By 28/7/25 the Respondent must pay to the Claimant £26858.92 (being the sum of the amounts shown in bold in the Reasons) for arrear salary, pay in lieu of untaken holidays and sums due in respect of pension contributions. 2. The claims for notice pay, and a redundancy payment are dismissed. REASONS 1. The Respondent failed to file an ET3 and has not attended today. 2. The Claimant gave evidence on oath and referred to a bundle of documents containing 19 pages. 3. The employment was terminated on or about 18/2/25 by resignation when the Claimant told Bobo Chan (an administrator) that she was not working for the company anymore. 4. The Claimant worked but was unpaid for the period 1/10/24 to 18/2/25 and is due 4.642 x £3949.50 = £18333.57 (gross of tax, national insurance contributions and employee pension contributions). The Claimant on recovery of this sums will be liable to account to HMRC for any tax/NI contributions she may owe in relation to these earnings. 5. The Respondent’s leave year started 1 st April each year. The employment contract did not provide for unused holiday to be rolled forward to later leave years. Under the Working Time Regulations payment in lieu of holiday not taken can only be claimed 6006714 2025 2 where the employment has terminated and only in respect of the leave year in which employment is terminated see regulation 13(9) and regulation 14. The Claimant was entitled to 28 days holiday per year. From 1/4/24 to 18/2/25 she accrued 28 x 46/52 = 24.76 days rounded up to 25 days holiday entitlement but did not t...

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Employer

Respondent

Seewoo Chinatown Ltd

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Case Details

Case Number
6006714/2025
Decision Date
14/07/2025
Published
23/07/2025
Jurisdiction
England & Wales
Judge
Mr J S Burns