Mr Kelvin Whyte v Mr Nicholas Turner Brown — 2024

Employment Judge Hamour, sitting alone at London South by CVP on 2 July 2024, first determined that the claimant's employer was Mr Nicholas Turner Brown personally rather than the Griffin's Head Ltd, and accepted him as the respondent. The respondent's application for out-of-time acceptance of the ET3 was not granted.

The Tribunal found three substantive complaints well-founded. The complaint of unauthorised deductions from wages succeeded on the basis that the respondent had deducted 50 pence per hour over 297 hours of work, and the respondent was ordered to pay £148.50 gross, subject to PAYE. The breach of contract complaint relating to notice pay was upheld, with £500 awarded as gross damages subject to tax as Post Employment Notice Pay. The holiday pay complaint was upheld on the basis that the respondent had failed to pay for holidays accrued but not taken on the date the claimant's employment ended, and £466 was awarded subject to PAYE.

The Tribunal additionally found the respondent had been in breach of the duty to provide a written statement of employment particulars when proceedings began. Finding no exceptional circumstances that would make an award of two weeks' gross pay unjust or inequitable, and considering it just and equitable to award the higher figure, the Tribunal made an award equal to four weeks' gross pay under section 38 of the Employment Act 2002, totalling £2,000.