In Person v A Mullett and others — 2023

The tribunal heard the claim remotely on 26 April 2023. It refused the respondents' late application to postpone the hearing, noting the absence of corroborative evidence. Punch Pubs & Co and the Swan were dismissed as respondents because the tribunal found no contractual relationship with the claimant, and D.L.M Pub Company Limited was joined as a respondent. The claimant, who appeared in person, said she had seen reference to DLM on paperwork but had never received a contract of employment.

The tribunal found that the claimant was employed as a chef by Mr and Mrs Mullett at the Swan Pub from 14 to 21 July 2022. It accepted that she worked 57.25 hours in that week at an agreed rate of £10 gross per hour. She had been given £40 at the start of the week to be set off against wages, and at the end of the week she was paid £45.50 gross. On that basis, after allowing for the £40 advance, the tribunal found arrears of pay of £447 gross and awarded that sum.

The claimant also said that, because of the shortfall in pay, she was unable to afford transport to guaranteed work at football matches in Birmingham that would have paid £12 gross per hour for eight hours per day over three matches. Applying section 24(2) of the Employment Rights Act 1996, the tribunal accepted that the unpaid wages caused her to lose that work opportunity and awarded a further £288 gross for financial loss directly attributable to the non-payment of wages. The total payable was £735 gross by no later than 3 May 2023.