(1) Mrs S Bellamy (2) Miss Z Ahkter v Top Technology Energy Savers Ltd — 2019

The case was heard at Birmingham on 11 March 2019 before Employment Judge Kelly, with both claimants appearing in person and no appearance for the respondent. The tribunal upheld the claims brought by Mrs S Bellamy and Miss Z Ahkter against Top Technology Energy Savers Ltd. The judgment records that the respondent made unlawful deductions from the wages of each claimant and failed to pay compensation for accrued leave under regulation 14 of the Working Time Regulations 1998.

For the first claimant, the tribunal accepted the unpaid sums identified in her 30 May 2018 email: pay due on 19 April 2018, 19 May 2018, and for 21-23 May 2018. It also awarded statutory sick pay from 24 May 2018 to termination on 22 June 2018, discounting four waiting days. The tribunal then added an uplift of four weeks' pay for failure to provide a written statement of particulars of employment, calculated on the basis of a week's pay of £240.

For the first claimant's holiday claim, the tribunal found that the leave year started on 19 July 2017 and ended on 22 June 2018, that 93% of the leave year had expired by termination, and that 26 days were due for that period. After crediting 14 days taken, it found a balance of 12 days and awarded £576 at a daily rate of £48. For the second claimant, the tribunal accepted the unpaid sums set out in her 30 May 2018 email and the further period from 9 April 2018 to termination on 19 June 2018, calculated at 40 hours per week at £8 per hour, less 2 days' pay.

The second claimant's holiday claim was also upheld. The tribunal found that her leave year started on 26 March 2018, that 24% of the leave year had expired by termination on 19 June 2018, and that 7 days were due for that period. After crediting 3 days taken, it found a balance of 4 days and awarded £256 at a daily rate of £64. The total award recorded in the judgment was £8,572.20.