Chef wins battle over Ludlow hotel holiday cash shortfall
A chef has won a landmark industrial tribunal that ruled his boss had not paid enough into a holiday fund for staff – paving the way for up to 60 colleagues to launch similar claims.
Marcel Hilhorst was awarded £505 after successfully winning a case against Graham Wilson-Lloyd, his former manager at the Charlton Arms Hotel in Ludlow.
The holiday fund was set up in 2009 by Mr Wilson-Lloyd for staff at the Charlton Arms Hotel and two other establishments owned by him, The Church Inn and The Wine Bar, as an alternative to taking annual leave.
A set amount would be paid in for staff members each month, which was available to draw on as and when they wanted it.
Mr Hilhorst alleged the management had breached the agreement by not paying as much into the fund as agreed.
And, at a hearing in Birmingham, tribunal judge Mr James Algazy agreed that there had been a breach.
"A total of 12.07 per cent should have been put into the fund but the amount was 8.31 per cent, causing a shortfall," said Mr Algazy.
Mr Hilhorst said he believed he was the first person in the country to win an industrial tribunal for underpayment of holiday funds. He said: "I have won a test case claim and now at least 60 other people who also had a holiday fund shortfall, like me, can now make similar claims for their backlog over four years."
Mr Hilhorst claimed the total amount could run into a five figure bill for Mr Wilson-Lloyd, but added that anyone wishing to claim had to do so before November 20 this year.
Mr Wilson-Lloyd said he had not yet received the report from the employment tribunal judge.
He said: "We expected this tribunal outcome but had to see it through to establish a precedent at a judicial level.
"It was all about the formula used by our accountants to calculate holiday pay, which has now been proven to be flawed.
"I cannot add anything further at this stage as we are in litigation with our previous payroll accountants."
