Mr T Braasch v Nest Seekers Europe Limited — 2021

The respondent did not attend the hearing, and the tribunal proceeded in its absence under rule 21. The claimant said he had worked for the respondent as operations director from 1 November 2017 to 30 November 2018. The respondent argued that he was not an employee and that his contract for services had been terminated for misrepresentation or negligence, but the tribunal accepted the claimant's evidence and the written contract materials before it.

The tribunal found that the claimant was clearly an employee working under a written contract of employment, even though the contract was never signed. It relied on the contractual wording, the salary terms, the three-month notice clause, the entitlement to 28 days' holiday, the payslips showing monthly net pay of £2,500 and gross pay of £3,262.50, and the evidence that the claimant was listed among the company's employees and held the title Operations Director on the respondent's website.

On remedy, the tribunal found that the respondent failed to pay the claimant for November 2018, failed to pay notice pay on termination, and failed to pay for 13 days' accrued but untaken holiday. It awarded £3,262.50 gross for unpaid wages, £9,787.50 gross as damages for breach of contract in respect of notice pay, and £1,392.60 gross for holiday pay. The total payment ordered was £11,392.60 gross, or £11,068.49 net of tax.