Claimant v J Bruce and D O’Brien (formerly T/a Sunny Diva’s) — 2021

The claimant, Mr Samir Ayadi, gave unchallenged evidence and the respondents did not file a response or attend. Employment Judge Drake accepted that he had worked 14 days between 13 July 2020 and 5 August 2020, that he was contracted to work at least five hours per day at £6.45 per hour, and that he had been paid for all days worked except the last three days.

For that period, the tribunal found that 15 hours of work had not been paid and that this amounted to an unlawful withholding of wages contrary to section 13 of the Employment Rights Act 1996. Judgment was entered for £96.75, described as unpaid wages for 3 to 5 August 2020.

The tribunal also found that the claimant was dismissed on 5 August 2020, when the cafe premises in Sheffield were abruptly closed and he was not offered work at the respondents' other premises in Barnsley. Because he had been employed for less than a year, he was entitled to one week's notice, but he received neither notice nor pay in lieu.

On that basis, the tribunal upheld the breach of contract claim for notice pay and awarded £153.75, representing 25 hours' pay he would have earned during the notice period. The total award was £250.50, payable on a joint and several liability basis.