In person For the v Cornish Pub Company Ltd — 2022

The claimant, Mr J Connellan, worked for Cornish Pub Company Limited as a breakfast chef at the Port Gaverne Hotel in Cornwall from 1 June 2021 to 21 November 2021, paid at £12 gross per hour. The respondent did not attend the hearing. The tribunal proceeded in the interests of justice on the evidence before it and amended the respondent's name to Cornish Pub Company Limited.

The claimant no longer pursued his notice pay claim for breach of contract, and that claim was dismissed on withdrawal by the claimant. On the wages claim, the tribunal accepted that the claimant had been promised a £1,000 seasonal bonus if he completed the summer season, and found that he did so. It also found that £450 had been deducted from sums otherwise due on the basis of alleged overpaid tips, and that the respondent had failed to pay an additional 35.25 hours at £12 per hour.

The tribunal held that those matters amounted to unlawful deductions from wages under section 13 of the Employment Rights Act 1996 and ordered the respondent to pay £1,873 gross. On holiday pay, the tribunal found that the claimant took no holiday during his 25 weeks of employment and was therefore entitled to accrued but untaken holiday pay under Regulation 14 of the Working Time Regulations 1998.

Applying the pro rata entitlement to 28 days' annual leave, the tribunal found that the claimant was due 14 days' holiday pay. Using the accepted average working day of 10 hours at £12 per hour, it assessed that entitlement at £120 per day and ordered payment of £1,680 gross. The total award was therefore £3,553 gross.