£13k compensation for shop worker who didn’t take holiday in 10 years

Monday 15 March 2021

A shop worker, who wasn't given a contract and didn't take a holiday in the last decade of her employment of 22 years, has been awarded more than £13,000 in compensation, after being made redundant.

Rosemary Richardson started working in Robin Stubbs’ shop, which was not named in the judgment, in 1998, when the pair agreed that she would be allowed three weeks’ paid holiday per year.

Despite this, for the last 10 years of her job, she took “no holiday whatsoever.” "This was because staff shortages meant that there was no one to cover her in the shop if she took time off,” the Employment and Discrimination Tribunal recorded in its published official judgment.

“Her only time off during the whole 10-year period was between June 2016 and May 2017 when she was off work sick with a serious illness. The Claimant’s evidence was that her employment continued throughout this period albeit she was not paid anything.”

Ms Richardson’s job came to an end when the shop’s lease ended. At this point, Mr Stubbs told her that he would pay her all money owed.

When this didn’t happen, she took her case to the Tribunal. When it contacted Mr Stubbs, it did not receive a response within the stipulated 21-day limit. It then contacted his wife, who said he was now in prison and “probably unaware of the claim”. The Tribunal extended the period for Mr Stubbs to file a response, but did not receive one.

In the end, the Tribunal – chaired by Dr Elena Moran – agreed that Ms Richardson was entitled to a redundancy payment of £6,500.12, based on her 22 years’ service – more than she had asked for - and £6,705.18 as damages for the unpaid holiday. 

The total award ordered by the Tribunal was £13,205.30.