Mr M Keeling-Wheat v Scalemode Limited — 2020

At the remedy hearing on 5 August 2020 before Employment Judge Mark Butler, the tribunal noted that no Rule 21 liability judgment had been entered previously. It therefore entered default judgment in favour of the claimant under Rule 21 of the Employment Tribunal Rules 2013 for the claims being brought, except for reimbursement of £150 for an outstanding fine, which was not awarded.

The tribunal quantified unpaid wages by finding that the claimant worked an average of 70.8 hours per week over a 12-week reference period, but had been paid only for 45 hours per week. On that basis, there were 25.8 unpaid hours per week for 29 weeks at £7.83 and 13 weeks at £8.21, producing an award of £8,612.04.

Holiday pay was calculated by reference to the same average weekly hours. The tribunal found that the claimant had taken 14 days' holiday, equal to 2.8 weeks of entitlement, and that pay had been calculated on a 45-hour week rather than 70.8 hours. It also found 1.7 weeks of accrued holiday outstanding on termination, and awarded £1,553.80.

For notice pay, the tribunal found that the claimant was entitled to one week's notice pay based on 70.8 hours at £8.21, awarding £581.27. The total gross award was £10,747.11. The tribunal recorded that the claimant had received no unemployment benefits, so recoupment did not apply, and noted that tax and national insurance would need to be accounted for if not deducted at source.