Mr J Nicholls v Veltopia Ltd — 2022

The claimant had been employed from July or August 2020 as a manager in the respondent's vape shop. The tribunal found that on 3 January 2022 he was told the shop was going to close and that he would be made redundant, and that he did not resign. Because he had been employed for less than two years, his statutory notice entitlement was one week. The tribunal found he had been given more than a week's notice, his employment ended on 15 January 2022, and he was not entitled to any further notice payment, so that claim was dismissed.

The tribunal accepted that, at the date of the claim, the claimant was owed £400 wages for January 2022 and £188 for 2.8 days' unused statutory holiday. It granted a declaration that the respondent had made unauthorised deductions from wages in respect of those sums, but recorded that the outstanding wages and holiday pay had been paid before the hearing. Because the sums had been paid and the claimant sought no further recovery under those heads, no monetary compensation was awarded for wages or holiday pay.

On payslips, the tribunal found that the respondent had failed to provide written itemised pay statements during the employment, apart from one payslip in 2020. It granted a declaration under section 8 ERA 1996, but made no compensation award because the payslips for December 2021 and January 2022 did not show any unnotified deductions in the relevant 13-week period before the claim. The tribunal also found that the respondent had failed to provide a written statement of employment particulars when proceedings began.

Because the claimant succeeded on the claims that engaged section 38 of the Employment Act 2002, the tribunal made the minimum award of two weeks' pay under that provision. Using the weekly rate in the claimant's schedule of loss, £407.50, it awarded £815. It declined the higher four-week award because the respondent was a small employer and a written contract had since been provided.