Mr J Middleton v Bright Hospitality Operations Ltd and 1 other — 2021

The claimant, Mr J Middleton, brought claims for unlawful deductions from wages and unpaid holiday pay arising from work at the Cheltenham Regency Hotel. The hearing was by video on 30 April 2021 before Employment Judge Livesey. Neither respondent attended. The tribunal found that the claimant started work as a housekeeper on 23 January 2020, that he was given no contract or other employment documentation, and that he understood he was being employed on a zero-hours basis with promised payslips and a contract that never materialised.

On the evidence of timesheets and bank notifications, the tribunal found that the claimant worked 122 hours in February 2020 and was paid £1,112.18. He then worked throughout March but received only £611.25 in April. The tribunal accepted that he had agreed to be furloughed, but also accepted that there had been a contractual agreement for his pay to be topped up to 100%, and that he was ready and willing to work. It awarded £3,323.25 for unlawful deductions from wages, made up of the March shortfall and the unpaid wages for April and May.

The tribunal also found that the claimant was entitled to £541.80 for unpaid holiday pay. It held that, after four months' employment, he had accrued 1.8 weeks' holiday entitlement and that this should be valued by reference to an average of 28 hours per week at £10.75 gross per hour.

Finally, the tribunal held that the claimant had not received written particulars of employment when proceedings were begun and made an award under section 38 of the Employment Act 2002. It considered four weeks' pay to be just and equitable in light of the respondents' failure to address fundamental employer duties, and awarded £1,311.50. The judgment records that the claimant could pursue the award jointly and severally against the two respondents.