Mr I Sonani v Colonnade (Operator) Ltd — 2018

A Rule 21 judgment on liability had been issued because no response was filed. The remedy hearing proceeded in the absence of both parties, with the respondent debarred and the claimant not attending, and the tribunal assessed remedy from the claim form, correspondence, the asserted contract, and other documents on the file.

The tribunal found that the claimant was employed from 6 November 2018 until he resigned with immediate effect on 7 December 2018. His contract provided for an annual gross salary of £38,000, and he had been paid correctly for November but not for 1 December 2018 to 7 December 2018. The tribunal calculated seven days' gross salary as £728.76.

The tribunal also considered the claimant's accrued holiday entitlement. Because he resigned without notice, the contractual clause limited his entitlement to no more than the statutory minimum under the Working Time Regulations. Applying the statutory formula, the tribunal calculated payment in lieu of accrued holiday as £358.08. The aggregate gross sum unlawfully deducted from wages was therefore £1,086.84. Claims for loss of earnings from another employer, travel expenses, stress and inconvenience were not recoverable as wages.