Mr W Palac v Casekirk Ltd t/a Everglade Windows — 2023

The claimant was employed from 12 August 2021 until 21 October 2022. He claimed an unauthorised deduction from wages and unpaid holiday pay. The tribunal had the claimant's contract and final payslip before it, and accepted that the payslip for 21 October 2022 showed gross pay of £460 with deductions for tax, national insurance and pension, but did not record any deduction for failure to work notice.

On the wages claim, the tribunal found that the claimant breached his contract by not giving written notice and by working only until 21 October 2022 rather than the contractual notice period. However, the respondent's contractual clause only allowed a deduction equal to any additional costs incurred, and the tribunal found that the respondent did not prove or calculate those additional costs. The deduction of £460 gross was therefore unauthorised and the tribunal ordered the respondent to pay that sum. The tribunal also said that, even if that contractual basis had not succeeded, the claimant would have succeeded because the payslip did not include the particulars of the deduction.

The holiday pay claim was dismissed. The claimant said he was entitled to more annual leave or pay in lieu on termination, but he could not explain why his calculation was right or why the 21 days figure was wrong. The tribunal applied the contract's holiday calculation, found that the claimant had accumulated 21 days by the date of termination, and concluded that he had not proved entitlement to any further holiday pay.