Mr R Whitmore and v Hi-Speed Services Limited — 2022

Mr R Whitmore brought claims for holiday pay, unlawful deduction of wages and outstanding pay against Hi-Speed Services Limited. The respondent did not file a response. The tribunal proceeded on the evidence available at the hearing on 13 September 2022, including the respondent's wage slips and timesheets for August to December 2019. The claimant did not attend.

The tribunal accepted that the claimant worked as a driver from 23 August 2019 to 1 December 2019, after an earlier period of employment from 15 October 2018 to 30 April 2019. It found that he was paid £8.81 per hour for basic hours, £11.02 for overtime, £11.75 for Saturday work, and £30 for each overnight allowance. On that basis, it accepted shortfalls in tax months 6, 7, 8 and 9 for underpaid wages and night-out allowances, including £96.70, £6.10, £107.68, £30, £13.82 and £30 for the later period.

The tribunal rejected the claimant's attempt to recover a £70.60 deduction, finding that the respondent had shown this sum related to an overpayment caused by hours overclaimed on the claimant's timesheets on 28 August, 2 September, 3 September and 4 September 2019. It also accepted the respondent's calculation that the claimant's holiday pay should have been worked out by reference to the preceding 12 weeks because his pay varied, and found a holiday pay shortfall of £104.47 on that basis.

The claim for holiday pay relating to the earlier employment period was dismissed as out of time. The tribunal held that no evidence had been given to show that it was not reasonably practicable to present that complaint within the applicable time limit under regulation 30(2) of the Working Time Regulations 1998. In total, the tribunal ordered the respondent to pay £388.77 gross.