Besamalsore UK Ltd T/a Topolino

Case Summary

The claimant claimed outstanding holiday pay for his entire period of employment from 20 May 2024 to 22 August 2025. The tribunal found the claim well-founded and calculated the claimant was entitled to 28.3 days of annual leave (22.4 days for full leave year plus 5.8 days for partial year), equating to £2,591.43 gross at his weekly rate of £366.30. The respondent did not attend the hearing.

The tribunal found the claimant was employed from 20 May 2024 to 22 August 2025 and was entitled to 28.3 days of annual leave (comprising 22.4 days for the full leave year and 5.8 days for the partial leave year) at a daily rate of £91.57 (gross weekly pay of £366.30 divided by 4), totalling £2,591.43. The respondent failed to pay any holiday pay throughout the employment despite the claimant's requests.

• •Outstanding holiday pay under Working Time Regulations 1998
• •Calculation of holiday entitlement for partial leave year
• •Failure to pay accrued holiday pay during employment

Case No: 6045094/2025 10.5 Reserved judgment with reasons – rule 62 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr Mario Colasurdo Respondent: Besamalsore UK Ltd t/a Topolino Heard at: London South Croydon, in public, by CVP On: 24 April 2026 Before: Employment Judge Tsamados Representation Claimant: in person Respondent: did not attend JUDGMENT The Judgment of the Employment Tribunal is as follows: The complaint in respect of holiday pay is well-founded. The Respondent failed to pay the Claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The Respondent shall pay the Claimant £2,591.43. The Claimant is responsible for paying any tax or National Insurance. REASONS 1. Whilst I indicated during the hearing that was giving summary reasons I subsequently decided that it was more appropriate to give full reasons. Case No: 6045094/2025 10.5 Reserved judgment with reasons – rule 62 March 2017 2. By 10.15 am, the Respondent had not joined the Cloud Video Platform room and had not sent in any prior notification of its intention or inability to attend the hearing. The Tribunal only holds a postal address for the Respondent. On this basis I decided to proceed in the Respondent’s absence. 3. This is a claim for outstanding holiday pay for the entire period of the Claimant’s employment under the Working Time Regulations 1998. 4. The Respondent presented a response in which, whilst indicating that it did not contest the claim, actually set out details in the box relating to ACAS early conciliation indicating that it did. The Respondent’s position is that the Claimant was only employed from October 2024 until 22 August 2025 and had received £800 in respect of 60 out of 70 hours of holiday entitlement as requested and agreed. I have to say this reference to 60 out of 7…