Mohammad Chowdhury First v Queenscourt Law Limited Second Respondent: Solar Security Films Limited — 2022

The tribunal heard evidence from the claimant and Mark Libbert and preferred contemporaneous documents and messages to later oral accounts. It granted Solar Security Films Ltd an extension of time to present its response, applying Kwik Save Stores Ltd v Swain, and found that the paperwork created in April and May 2020 did not of itself define the claimant's actual employment position. The 18 May 2020 deed recorded the claimant's resignation as a director of Queenscourt Law Ltd, while the same day's email from Mr Libbert referred to wages and confirmed the claimant's employment status.

For Queenscourt Law Ltd, the tribunal found that the claimant was employed from 6 January 2020 to 30 June 2020 at a salary of £2,500 per month. It rejected the case that he was only entitled to 30% of fees above a target, and instead found that he was entitled to and received 100% of the fees for the legal work he brought in. It also found there was no limitation problem on the Queenscourt claim because the ACAS certificate was dated 1 September 2020. The tribunal upheld the wages claim for £12,500 gross, based on only partial payment of January 2020 wages, and upheld the holiday pay claim for £1,736.25 gross, calculated on 181 days' employment and 28 days' annual leave at £125 per day.

For Solar Security Films Ltd, the tribunal found there was a clear offer and acceptance for the claimant to work as a legal adviser from 1 July 2020 at £2,500 per month, and that he remained employed until he resigned on 29 September 2020. It rejected the suggestion that the SSF employment depended on first reconciling the company accounts. The tribunal upheld the wages claim for £7,375 gross because no payment had been made for the July to September 2020 period, and upheld the holiday pay claim for £863.01 gross, calculated on 90 days' service and 6.9 days of accrued leave.