Mr Barnaby Galiffe v Urban Sports Fitness Limited — 2021

Mr Barnaby Galiffe worked for Urban Sports Fitness Limited from 30 September 2018 until 23 December 2021. The tribunal found the respondent's record keeping was poor, accepted the claimant's evidence about his hours and rejected Mr Noel Smith's explanations based on changing rotas, staff swaps, training fees, purchases, and alleged voluntary or furlough arrangements. It also found that no written statement of employment particulars had been provided and that no payslips were provided during the employment.

On wages, the tribunal accepted a course of underpayment from July 2020 to the end of employment and held that the claim was in time because, without contracts or payslips, the claimant could not reasonably calculate what should have been paid. It awarded £1,621.30 for unlawful deductions from wages. On holiday pay, the tribunal accepted that on termination the claimant had accrued 22 days, had been paid for 6.3 days, and was entitled to 15.7 untaken days at £8.91 per hour, producing an award of £1,396.15 after credit for £450 already paid.

The tribunal rejected the separate holiday pay claim covering 2020 and unpaid holiday taken as out of time, and said it had no jurisdiction to deal with the agreed payment-in-lieu arrangement as presented. It also found that the failure to provide a statement of particulars justified the maximum four weeks' pay award under section 38 of the Employment Act 2002, assessed at £1,318.68. Although it found that payslips had not been provided, it made no further award because no additional deductions had been shown. The total award was £4,336.13.