In Person v Mr. Barker, solicitor — 2023

The claimant brought a claim for outstanding pay arising from work done during the usual Christmas shutdown in December 2022. He said that he had been told by Mr George Parker, a team leader acting for the respondent, that the work was a "lucrative opportunity" carrying a £200 gross per day shift bonus, pay for the three days worked, and an additional overtime payment. The claimant accepted the invitation and worked on 28, 29 and 30 December 2022.

The tribunal accepted the claimant's evidence on what he had been told, finding on the balance of probabilities that an agreement had been reached between the claimant and Mr Parker for the claimant to work over the shutdown and receive the stated payments. It noted that the respondent had no evidence from Mr Parker contradicting the claimant's account, and that the respondent's witness could not say what Mr Parker had actually told him. The tribunal also accepted that the claimant had in fact worked the three days and had been paid the £200 per day bonus and his contractual pay, but not the additional overtime sum he said had been promised.

The tribunal therefore awarded the claimant £755.51 gross, calculated from the claimant's own earlier figure of £788.36 for 24 hours and reduced to reflect the agreed 23 hours worked. The judgment records no separate award for costs, interest, or other remedy components.