Mr B Ward v C McAteer FAO The Sports PR Company — 2025

Mr Ward brought a claim for unlawful deduction from wages in respect of unpaid pay for 1-12 March 2024, later amended to include a claim for holiday pay. The respondent did not attend the hearing; a late adjournment request and a strike-out application were both refused, the judge noting that the respondent had not filed witness statements, had not confirmed readiness for hearing, and had given no adequate explanation for the late adjournment request.

On the wages claim, Employment Judge Scott accepted the company accountant's payslip showing pay for 1-14 March 2024 of £1,031.75, giving a gross daily rate of £73.70, and found the respondent had advanced no cogent reason for non-payment. The deductions for the period to 12 March 2024 totalled £884.36. The strike-out application based on the claimant allegedly breaching contract by leaving early was dismissed as without merit.

On holiday pay, the tribunal calculated leave entitlement at 28 x (72/365) = 5.52 days, rounded up under the contract to 6 days, less 2 days taken, leaving 4 days outstanding. At the contractual rate of 1/260 of salary (£99.97/day) this produced £399.88, with £19.37 interest awarded at 8% over 221 days under regulation 30 WTR 1998. Further compensation under s.24(2) ERA 1996 for financial loss was refused as the claimant had not evidenced any loss such as bank charges or lost interest.