Mr S Klinshov v Gamma VSL Limited — 2021

The Claimant, Mr S Klinshov, worked for Gamma VSL Limited as a stylist from 11 December 2018 until he resigned with immediate effect on 12 July 2021. He was suspended from 1 June 2021 to 12 July 2021 in relation to an allegation that he falsified evidence of a COVID-19 vaccination appointment. The tribunal found that the suspension was on contractual pay, that the Claimant was entitled to be paid in full during that period, and that he was not paid his salary for the six-week suspension period. On the evidence of the contract, payslips, bank statements and the payroll screenshot, the tribunal found the unpaid wages claim was presented in time and was in respect of wages within section 27 of the Employment Rights Act 1996.

On remedy for the unpaid wages claim, the tribunal found the Claimant’s annual gross salary on termination was £26,000, giving a weekly gross pay of £500. It awarded £3,000 gross for the six-week period from 1 June 2021 to 12 July 2021 and ordered the Respondent to account to HMRC for tax and national insurance due. The tribunal also found the Claimant was entitled to 28 days’ statutory annual leave per year, that the holiday year ran from January to December, and that he had accrued 2.95 weeks’ leave during the relevant holiday year. After finding that he had taken 10 days’ leave and had received no holiday pay on termination, the tribunal held that 0.95 weeks of accrued but untaken leave remained due.

Applying regulation 14 of the Working Time Regulations 1998 and the relevant contract and handbook provisions, the tribunal awarded £475 gross for unpaid holiday pay on termination and again ordered the Respondent to account to HMRC for tax and national insurance. Both claims therefore succeeded in full on the evidence before the tribunal, and no issue arose as to respondent evidence because the Respondent called no witnesses and did not cross-examine the Claimant.