Mr P Omielczenko v Stu Holliday and 1 other — 2024

Employment Judge Pritchard, sitting alone by video on 8 March 2024, heard the claim in the absence of the respondents. The Second Respondent, Holden and Darcie Fibre Ltd t/a HD Fibre, was dismissed from the proceedings. Under section 51 of the Companies Act 2006, the First Respondent, Stu Holliday, was found personally liable on the contract of employment formed by an exchange of emails dated 13 February 2023, with the employment ending on 15 March 2023 when the First Respondent made clear his intention not to be bound by the contract.

The tribunal found that the First Respondent had made unlawful deductions from the Claimant's wages and ordered payment of £3,448.20. It further found the First Respondent had failed to compensate the Claimant for accrued holiday on termination, ordering payment of £344.82. The tribunal also found a breach of contract for failure to give notice or pay in lieu of notice, ordering payment of £3,654.12. The total sum ordered to be paid by the First Respondent to the Claimant was £7,447.14, with the Claimant responsible for accounting to HMRC for any tax and National Insurance payable on the wages and holiday pay sums.