Miss P Williams v Unity Plus Healthcare Ltd — 2021

The claimant brought an ET claim for outstanding holiday pay arising from her work as a Community Support Worker. At the hearing, she accepted that she had already received £280.04 net and the respondent confirmed that it would pay the remaining balance identified in the calculation, which the tribunal recorded by consent as £239.61 net, being the balance of £319.80 gross after deductions.

The only live issue left for determination was whether an award should be made for the respondent's failure to provide a written statement of particulars. The claimant gave evidence that she had not received a proper contract. The respondent relied on a scanned document titled "Unity Plus - Contract of Services", which the tribunal found may have been signed by the claimant but did not represent the contract entered into, had not been provided to her, and did not clearly state the hours she was to work.

The tribunal found that the respondent had not complied with its duty under section 1(3) and (4) of the Employment Rights Act 1996 to provide the required written particulars within two months of the claimant starting employment on 26 March 2020. It therefore awarded the lesser penalty of two weeks' pay under section 38 of the Employment Act 2002, using a weekly pay figure of £324 and making an award of £648.