In person For the v Mrs J Middleton — 2019

The tribunal heard claims for unpaid wages below the National Living Wage and for holiday pay. It found that the claimant started work for the respondent on 28 November 2016, that there were no pay slips or written contract, and that she was paid cash in hand. On the evidence it accepted the respondent's account of the hours and pay actually worked, finding that the claimant was paid £6.42 per hour for 16 hours per week until 31 March 2017 and £7.75 per hour from 1 April 2017 onwards, with 18 hours per week from January 2017 as described by the respondent.

On the unlawful deduction from wages claim, the tribunal held that the claimant had not been paid the National Living Wage for the period within the statutory backstop. It noted that the claim was limited to two years' arrears under s.23(4A) ERA 1996 because the tribunal claim was presented on 18 September 2019. The tribunal calculated the underpayment by reference to the relevant National Living Wage rates and found a total of £339.84, made up of £74.88 for 1 April 2018 to 31 March 2019 and £264.96 for 1 April 2019 to 11 November 2019.

On holiday pay, the tribunal found on the limited material, including Messenger messages, that the respondent had not paid holiday pay between November 2016 and December 2018. However, it dismissed that complaint because it was brought outside the three-month time limit for an unlawful deduction from wages complaint and it was reasonably practicable for the claimant to have brought it in time. The tribunal recorded that the claimant notified ACAS on 4 June 2019 and issued the tribunal claim on 18 September 2019, but those steps did not save the out-of-time holiday pay complaint.