in person For the v Respondent — 2020

The claimant worked for the respondent from 5 February 2019 until 3 August 2019. The tribunal preferred the claimant's evidence to Mr Garapetian's on the disputed end date and held that the claimant resigned on 19 July 2019 and then worked for a further two weeks. It found that the parties' agreement was for payment of around 20 hours' work at £165 per week, rather than the claimant's case that he was to be paid £420 after tax for substantially longer hours.

On the unlawful deductions claim, the tribunal found that the claimant had not been paid for his last two weeks of work, so £330 had been unlawfully deducted from wages. Because the respondent had failed to provide the written statement required by section 1 of the ERA before proceedings began, section 38 of the Employment Act 2002 applied and the tribunal increased that award by two weeks' pay, bringing the unlawful deduction award to £660. It declined to increase the award by four weeks' pay, taking account of the short length of the employment.

On the holiday pay claim under regulation 14 of the Working Time Regulations 1998, the tribunal found that the claimant had not taken any holiday during his 180 days' employment. It calculated entitlement as 180/365 x 5.6 weeks, which came to 2.762 weeks' pay, and on the accepted weekly rate of £165 this produced £455.73. The tribunal did not allow any reduction for holiday payments said to have been made during employment, referring to regulations 13(9) and 13A(6). The total award was £1,115.73.