Miss M Howes (1) and Mrs R Howes (2) v Mr J Saunders and 1 other — 2022

The claims were heard remotely on 1 April 2022 before Employment Judge Leverton sitting alone. The tribunal heard oral evidence from both claimants and from Mr Saunders. There was no agreed bundle or witness statements, so the judge reserved judgment. The proceedings concerned each claimant's claims for unpaid wages under Part II of the Employment Rights Act 1996 and payment for untaken holiday on termination under regulation 14 of the Working Time Regulations 1998.

For Miss Megan Howes, the tribunal found that she had worked for the respondents from 20 March 2021 until her dismissal on 3 July 2021, that she had not received a written contract or statement of terms, and that she had not taken paid holiday during her short employment. It accepted her evidence on the hours worked and found that £279.24 gross wages were outstanding for 29 May to 3 July 2021, together with £10.40 bank charges caused by the non-payment. The tribunal also rejected the suggestion that the respondents could withhold accrued holiday pay because of the circumstances of her dismissal after the truck accident, and awarded £132.02 gross for untaken leave. It further made the minimum section 38 Employment Act 2002 award of two weeks' pay, £162.38, because no written statement of employment particulars had been provided.

For Mrs Rosemary Howes, the tribunal found that she had worked for the respondents from 3 March 2021 until 5 August 2021, had not received a written contract or statement of terms, and had not taken paid holiday during her employment. It accepted that she had not given clear, unambiguous and effective notice of resignation in late July or early August 2021, and found that £2,285.55 gross wages were outstanding, together with £36 bank charges. The tribunal rejected the respondents' contention that holiday pay could be withheld because she had resigned without notice, and awarded £551.43 gross for untaken leave. It also made a section 38 Employment Act 2002 award of £461.10, again declining the higher amount because the respondents were a small employer with limited access to HR or legal advice.