Mr D Tench v For the Road Limited — 2023

The claimant worked for For the Road Limited as a technician from 9 October 2020 until dismissal on 29 June 2021. His contract was for 42 hours a week, annual gross pay of £24,000, 28 days' paid leave, and one month's notice after probation. The tribunal said the case arose from the deterioration of a close working and personal relationship between the claimant, Ms Melani and Mr Chmeit.

On the payslip issue, the tribunal found that hard-copy payslips were handed out monthly and rejected the s.8/s.12 ERA declaration. It upheld the unlawful deduction claim for two weeks' work in hand, and a further unlawful deduction claim for loans, cars and advances; it dismissed the claim about fines/enforcement because those deductions were made pursuant to an attachment of earnings order dated 15 April 2021. It also found that, by virtue of the unlawful deductions, the claimant had received less than the national minimum wage.

On the contract claims, the tribunal found that the respondent underpaid the claimant in several months because the full net amounts shown on the payslips were not transferred and there was no evidence of cash top-ups. It also found that one month's notice pay was due and unpaid. The claim that the claimant had not been placed on furlough failed because the tribunal found he was on flexi-furlough from November 2020. Holiday pay succeeded because he took no holiday and the Working Time (Coronavirus)(Amendment) Regulations 2020 allowed carry-over; the tribunal awarded £1,754.40 net for 24 days' accrued leave. The 'Other losses' heading was said to be outside jurisdiction, and the employer's counterclaim for alleged damage, premises use, parking, accommodation/food, tyres and solicitors' costs was dismissed. The written total-award paragraph is internally inconsistent on the gross subtotal, but the itemised awards total £4,670.28 gross plus £6,366.74 net.