Mr M Budds v Huptown Incorporated Ltd — 2021

Mr M Budds worked as London Operational Manager for Huptown Incorporated Ltd from 1 August 2021 on £40,000 gross per year. Before the merits decision, the tribunal refused his application to amend the claim to add loss of employer pension contributions, loss of potential stock-award profit, mental and emotional distress, and reputational-damage claims. It applied Selkent Bus Company Ltd v Moore and G Vaughan v Modality Partnership, finding that the new claims had not been raised earlier, would delay the hearing and increase expense for the respondent, and that the tribunal had no jurisdiction over the distress and reputational-damage heads of loss.

The unfair dismissal claim failed because the claimant had been employed for less than two years and therefore did not satisfy the qualifying period in s.108(1) ERA 1996. On the wages claim, the tribunal accepted the claimant's evidence that he had told the respondent about his pre-booked August holiday and had been asked to remain available while away. It found the respondent's hourly-rate calculation on the August payslip unexplained and preferred the claimant's evidence over the respondent's account of attendance in November, including because no attendance records were produced. It held that wages were underpaid for August, September, October and November 2021, producing a total arrears award of £2,249.62 gross.

On holiday pay and notice, the tribunal held that the signed offer letter dated 21 July 2021, rather than the staff handbook, governed the employment terms. That letter provided 40 days' holiday plus bank holidays and 30 days' written notice. Because the claimant had taken no paid holiday, the tribunal awarded £2,538.46 gross for accrued but untaken leave, calculated by reference to the notional end date of 29 December 2021 if proper notice had been given. It also awarded £3,333.33 gross for breach of contract because the respondent did not give the contractual 30 days' written notice.

The tribunal accepted that a £1,320 tax rebate appeared on the November 2021 payslip and HMRC documentation but was not actually paid. It said it had no jurisdiction to order the respondent to rectify the tax and National Insurance position, and indicated that the claimant may need to take that issue up with HMRC. The total gross award was £8,121.41.