Mr A Lewis v Haulfryn Richard Davies Ltd — 2024

The tribunal found that Haulfryn Richard Davies Ltd made an unauthorised deduction from wages when it failed to pay the claimant the holiday pay due on or about 23 April 2025. It ordered payment of the gross sum deducted, 1200.00.

On the dismissal claim, the tribunal found that the respondent's non-payment of due wages and failure to roster the claimant for further duties constituted termination of the contract without notice under section 95(1)(a) ERA 1996 on 25 April 2025. The claimant had no intention of ending the employment, and the respondent did not show a potentially fair reason under section 98 ERA 1996, so the dismissal was unfair.

The tribunal awarded a basic award of 1255.59 and a compensatory award of 2407.06, made up of 637.06 for losses in the two-week notice period, 1520.00 for four weeks' net loss of earnings after that, and 250.00 for loss of statutory rights. It also found that the claimant had 276 hours of accrued but untaken paid annual leave at the effective date of termination, valued at 3256.80 net, less 430.70 already paid, leaving 2826.10 payable. It recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply because the claimant was not in receipt of benefits in the relevant period.