Mr D Davies First v Elite Fitness limited (in creditors voluntary liquidation) Second Respondent: Secretary of State for Business, Energy and Industrial Strategy (referred to as the Insolvency Service in the proceedings) — 2020

The tribunal found that Mr D Davies was a worker within the meaning of s230(3) of the Employment Rights Act 1996. On that basis, it accepted that the first respondent was liable to pay him for hours worked in September 2019, and it held that the failure to do so amounted to an unlawful deduction from wages contrary to s13 ERA 1996. The sum payable on that head was £300.

The tribunal also found a series of unlawful deductions from wages in relation to annual leave. It held that the first respondent had failed to pay for annual leave, contrary to regulation 14 and regulation 16 of the Working Time Regulations 1998 and s13 Employment Rights Act 1996. The amount identified for that claim was £607.71, which was ordered to be paid to the claimant.

The claim against the second respondent was dismissed on withdrawal. No separate remedy was recorded for that respondent. The judgment records no award of interest or other additional compensation, and the total sum payable on the substantive claims was £907.71.