HMRC does not have enforcement powers to deal with holiday pay. Their powers are limited only to enforcing the national minimum wage for time spent at work. There is no enforcing body to oblige employers to pay holiday arrears. The only option open is for workers to take out Employment Tribunal claims to seek to recover unpaid wages. Many will be deterred by fees of up to £1,200 for employment tribunal claimants introduced by the outgoing government.
Brian Strutton, GMB National Secretary for Public Services, said “The employers named and shamed by BIS for failing to pay the National Minimum Wage will also, by definition, owe their workers arrears of holiday pay. However as HMRCs enforcement powers are limited only to the national minimum wage so there is no enforcing body to oblige those employers to pay the holiday arrears. Although this could amount to hundreds of pounds per worker it would cost them more than that to pursue their entitlement at an Employment Tribunal so they are caught in a trap. They are owed holiday pay arrears, the government enforcement agency doesn’t have the authority to help them and their access to justice is denied by the prohibitive cost of doing so. This unfair loophole would be closed with Labour’s plan to do away with Tribunal fees. In the meantime GMB calls on the government to put pressure on these cheapskate employers to do the right thing by the workers they have already short-changed.”
Central Electrical Ltd, Chesterfield, neglected to pay £130.28 to one worker
Holmes Cleaning Company, Worksop neglected to pay £240.48 to a worker
Ms Dawn Platts trading as Level 2 Hair Studio, Barnsley, neglected to pay £1,186.89 to a worker
Alan King and John King of Arthur Simpson & Co, Bradford, neglected to pay £6,426.12 to a worker
Armonia Ltd, trading as Armonia Health & Beauty Treatment & Training Centre, Doncaster, neglected to pay £286.12 to 6 workers
Mrs Yoko Banks, trading as Ashley House Hotel, Harrogate, neglected to pay £405.07 to 1 worker
HAE Automotive Services Ltd, Harrogate (ceased trading), neglected to pay £798.16 to a worker
Call & Deliver Ltd, trading as Pizza Hut, Heckmondwike, neglected to pay £163.45 to 9 workers
Mr H Singleton trading as Willowbank Builders, Huddersfield, neglected to pay £163.89 to a worker
General Tarleton Ltd, Knaresborough, neglected to pay £300.62 to 6 workers
The Widd Group Ltd, trading as Widd Signs, Leeds, neglected to pay £253.50 to 1 worker
Mancroft Ltd, Leeds, neglected to pay £1,172.97 to 3 workers
Louise Ross Trading as Luxe Salon, Leeds, neglected to pay £3,368.13 to a worker
Vision on Digital Ltd, Ossett, neglected to pay £683.86 to a worker
Stafforce Personnel Ltd, Rotherham, neglected to pay £3,044.79 to 63 workers
Mrs Christine O’Mara, Mr Terry Krause & Mr Anthony O’Mara trading as Discount Sports, Rotherham, neglected to pay £3,475.94 to 5 workers
Valentino’s Hair & Beauty Ltd, Rotherham, neglected to pay £655.70 to 2 workers
C J Hartley Ltd trading as Headwork, Sheffield, neglected to pay £4,762.64 to 4 workers
Century Motors (Sheffield) Ltd, Sheffield, neglected to pay £571.72 to a worker
Mr S Partridge & Ms M Shead trading as Cobblers Fine Sandwiches & Pastries, Wakefield, neglected to pay £1,003.83 to a worker
Myers and Family Ltd, Wakefield, neglected to pay £1.598.82 to a worker
Luigi’s Little Italy Ltd, Yorkshire, neglected to pay £281.04 to 5 workers