Mr C Hibbard v Mr Ashley White — 2020

The hearing took place at Birmingham by Skype on 8 June 2020 before Employment Judge Flood sitting alone. The respondent did not attend and was not represented. The tribunal recorded oral reasons at the hearing and issued a short written record of its decision.

The claimant's complaint of unlawful deduction of wages succeeded in relation to the 5 days he worked between 16 and 20 September 2019. The tribunal ordered the respondent to pay £630 for that claim.

The claimant's complaint of accrued holiday pay also succeeded. The tribunal found that 23.5 days of holiday had accrued but remained untaken or unpaid, and ordered payment of £2,961.

The tribunal further awarded 4 weeks' pay because the respondent had failed to provide a written statement of terms and conditions in breach of section 1 of the Employment Rights Act 1996. The award was calculated by reference to average weekly pay of £630, capped at the statutory maximum weekly pay of £525 under section 227 ERA and section 38(6)(b) of the Employment Act 2002, producing an award of £2,100. The sums were ordered to be paid gross, with the claimant responsible for income tax and National Insurance contributions.