Ms T Johnson v Andycabs Taxis (Cheltenham) Ltd — 2023

The hearing took place by video on 6 April 2023 before Employment Judge Mr J S Burns. The Claimant appeared in person. The Respondent did not file an ET3 and did not attend. The tribunal recorded that the claims were for holiday pay limited to two weeks' pay and for failure to provide payslips.

On the holiday pay claim, the tribunal accepted the Claimant's evidence that from February 2022 she earned at least £389 per week, that amount being the minimum sum appearing in her bank account each week apart from when she was on holiday in August 2022. The Claimant took two weeks' holiday in August 2022 and was not paid for those two weeks. Because she had limited the claim to those two weeks only, the tribunal awarded £778, being 2 x £389. The tribunal noted that if tax or national insurance were deductible, the Respondent must pay it.

On the pay statement claim, the tribunal accepted that despite numerous requests the Respondent did not provide pay slips from 1/2/2022 until the Claimant left on 28/10/2022. It made a declaration under section 12(3) Employment Rights Act 1996 that the Respondent had failed to provide pay statements contrary to section 8 Employment Rights Act 1996. However, because it did not have the evidence needed for section 12(4), it did not make an award of up to thirteen weeks' unnotified deductions. The Claimant was given leave to apply for a further judgment if she obtained the evidence, and the tribunal recommended that she make enquiries or lodge a complaint with HMRC.