in person For the v Ms Samantha Dixon, respondent’s employee — 2023

The claimant's employment ran from 11 March 2022 to 2 January 2023, with a period of unpaid leave between April and May 2022. The tribunal accepted that he had less than two years' service, so the ordinary unfair dismissal claim failed under s.108 Employment Rights Act 1996 and was dismissed.

On holiday entitlement, the tribunal found that the claimant took 10.5 days' leave in the 2022 to 2023 holiday year, including half a day in August 2022 and one day in November 2022. Applying regulation 14 of the Working Time Regulations 1998, it calculated 8.5 days of accrued but untaken holiday at a daily rate of £119.23, producing holiday pay of £1,013.45.

On wages and deductions, the tribunal found that the claimant was paid up to 31 December 2022 but was not paid for 2 January 2023. It held that the staff handbook wording about damage did not authorise deductions from wages, although the claimant had signed a separate written authorisation for £60.47 and tax of £56.40 had also been deducted. The tribunal treated accrued holiday pay as wages for section 13 ERA purposes, found an unlawful deduction in relation to the unpaid day on 2 January 2023, and ordered the respondent to pay £1,015.81 gross, subject to tax and PAYE. It also noted section 25(4) Employment Rights Act 1996 in relation to any continuing recovery right.