Mr E Myers v Auxeris Ltd — 2024

The claimant brought claims for notice pay, holiday pay and unlawful deduction of wages following the termination of his employment with the respondent on 19 March 2024. The hearing was held remotely before Employment Judge Henderson sitting alone. On notice pay, the tribunal found the excerpts of a recorded meeting on 19 March 2024 (which the claimant had edited and could no longer retrieve in full) to be inconclusive, and on the balance of probabilities preferred the respondent's evidence that the claimant had agreed to let the respondent decide whether he worked his notice. The notice pay claim therefore did not succeed.

On holiday pay, the tribunal accepted that the claimant was entitled to 6 days' accrued untaken holiday at £105.77 per day, noting that although it did not find the claimant's evidence on holiday taken plausible, the respondent had not produced evidence to contradict his entitlement. The claimant was awarded £634.62 gross, with the respondent required to account to HMRC for income tax and NIC.

On the unlawful deduction of wages claim concerning a £350 deduction for an unreturned company laptop, the tribunal found that clause 3.4 of the signed employment contract permitted the deduction and that the claimant had not given a satisfactory explanation for failing to return the laptop. That claim did not succeed.