Mr T Czaplewski v Ms A Kowalik — 2020

The tribunal found that Mr T Czaplewski was employed by Ms A Kowalik from 17 July 2019 to 13 January 2020, rather than being an intern. It accepted that the parties had agreed pay at £2,500 per month, equivalent to £576.92 per week, and rejected the respondent's case that a lower weekly amount had been agreed.

On wages, the tribunal held that the claimant had been underpaid over the course of the employment. It calculated entitlement on the basis of 25 weeks and 2 days at the accepted weekly rate, producing gross pay due of £14,653.76 against £11,875 actually received, leaving £2,778.76 outstanding as unlawful deductions from wages. The respondent's overpayment and set-off case was rejected.

On holiday pay, the tribunal held that the holiday year ran from the start of employment because no holiday-year agreement had been reached before the written contract was provided on 30 December 2019. It accepted that the claimant was entitled to annual leave from 17 July 2019 to 13 January 2020, credited three Christmas bank holidays as leave taken, and awarded 10.5 days' holiday pay of £1,557.68.

On notice pay and breach of contract, the tribunal found that the claimant was dismissed with immediate effect on 13 January 2020 and was entitled to one week's notice pay. It rejected the respondent's attempt to offset alleged overpayments against that sum, and ordered £576.92 for notice pay together with £75 for unpaid lunches during the notice period, making a total award of £4,988.36 gross subject to deductions.