Mr I Andrianakis v Melon Renovations Ltd — 2022

The claimant presented his ET1 on 16 October 2022 after early conciliation. Although box 2.1 named an individual, the claim also named Melon Renovations Ltd in box 8.2, and the notice of claim was served on the company. The respondent did not present a response or take part in the hearing. At the hearing the claimant withdrew his unfair dismissal claim, and the tribunal accepted his oral evidence in full on the remaining claims.

The tribunal found that the claimant had worked as a plumber for the respondent from 11 May 2022, following a short trial period, and that he recorded his hours on the Connecteam app because he worked remotely and rarely saw the director. The agreed rate was £13 gross per hour, with payment at the end of each month. On the claimant's evidence, which the respondent did not challenge, May was paid late and only for 70 hours rather than 127.5 hours, leaving a shortfall of £747.50 gross. June was paid on time but again only for 70 hours instead of 168 hours, leaving a shortfall of £1,274 gross.

For July, the claimant had worked 199.5 hours, but he received no pay for the month, notwithstanding a payslip showing payment for 160 hours. The tribunal accepted that the July wages outstanding were £2,593.50 gross. It therefore held that the respondent had made unlawful deductions from wages in the total sum of £4,615 gross under sections 13 and 23 of the Employment Rights Act 1996.

The tribunal also found that the claimant had never been paid for holiday time during his short employment. It accepted his calculation that 53.3 hours of accrued paid annual leave was due at termination, amounting to £679.90 gross. That sum was awarded as compensation under regulation 14 of the Working Time Regulations 1998.