in person For the v Biobrade Ltd (in creditors voluntary liquidation) — 2022

Mr D Soltys worked for the business from 3 June 2019 until 20 November 2020. The tribunal found that the employing company at the end of the employment was Biobrade Limited, following the February 2020 name change from Sub-4 Ltd. The claimant's unfair dismissal complaint was dismissed because he had less than two years' service.

On holiday pay, the tribunal found that the contract accepted on 14 May 2020 provided for 28 days' statutory annual leave including bank holidays, with a holiday year running from 1 April. By the time employment ended the claimant had accrued 18 days but had taken 22.5 days. The respondent's leave records were accepted, and the tribunal found the respondent had already paid him at the normal rate for the leave taken, so there was no unpaid holiday pay; instead, the respondent was entitled to deduct £344 for leave taken in excess of entitlement.

On wages, the tribunal accepted that the claimant should have received net salary for November 2020 after lawful deductions for tax, national insurance and excess holiday pay, and the operative judgment ordered £856 for an unauthorised deduction from wages. The reasons also discuss a £440 deduction from final pay, with £96 described as unlawful, but the judgment's order awards £856. The tribunal also rejected the respondent's attempt to recover £1,450 training costs because the training predated the later contract and the respondent had summarily terminated employment without grounds to invoke clause 26(a).