Mr Botros v Pashsa Margate Limited — 2022

The claimant worked for Pashsa Margate Limited as a waiter and later a delivery driver from 10 August 2020 to 18 March 2021. The respondent did not attend the 24 June 2022 video hearing, so the tribunal proceeded in its absence after attempting to contact it. The dispute concerned unpaid wages, petrol expenses, holiday pay and whether payslips had been provided.

On the unpaid wages issue, the tribunal accepted the claimant's evidence that he worked throughout the period, including after the November 2020 lockdown when the respondent said he was furloughed. It found that he was still working while the respondent was claiming furlough support, and that he should have been paid his normal net salary. On the figures accepted by the tribunal, the claimant should have received £7,322.21 for October 2020 to March 2021 inclusive, but had actually received £7,024, so an unauthorised deduction of £298.21 was awarded.

The tribunal dismissed the breach of contract claim for fuel expenses because the claimant could not show any agreement that the respondent would reimburse petrol costs when he started delivery work. It upheld the holiday pay claim, accepting that the contract provided for 28 days' annual leave plus public holidays and that no leave had been taken. The tribunal calculated a pro rata entitlement of 16.9 days for 220 days' employment and, using a net daily rate of £61.45, awarded £1,038.51. It also dismissed the payslip complaint, finding on the balance of probabilities that the February and March 2021 payslips had been provided.