Claimant v Marchwood Engineering Ltd — 2019

Paul Simmonite presented an ET1 on 9 April 2019 after his employment with Marchwood Engineering Ltd ended on 30 January 2019. The claim included unpaid wages in lieu of notice and deductions from pay said to relate to holiday pay, expenses, overtime, SSP and other miscellaneous items under section 13 of the Employment Rights Act 1996. The respondent had not filed a response by the deadline and had not made a formal application for an extension of time; counsel accepted it could not contest liability, and the tribunal allowed only limited submissions to clarify the pleaded issues and evidence.

The tribunal held that the claimant's evidence supported the claim for all heads other than the discrete heads of loss of earnings and inconvenience. Those latter heads were found to be outside the tribunal's jurisdiction and were dismissed. For the remaining items, the tribunal found that the deductions had been made without a prior written signed agreement and that the sums were payable, subject to tax where taxable.

The judgment listed the recoverable net amounts as holiday pay for January bank holiday 2019 of 74.99, expenses for August/November 2018 of 298.43, five hours' overtime of 70.30, three weeks' SSP of 276.15, one week's pay in lieu of notice of 374.99, and expenses for December 2018 of 243.21. The total award was 1,338.07.