Miss L Crabbe, Miss J Carroll, Mr J Richter, Miss L Hudson, Mr A Johnson, Mr M Davies, Miss N Stenson, Mr R Owen, Ms J Lyle. v Asel Fashion Limited (in Creditors Voluntary Liquidation) — 2020

The tribunal found that none of the nine claimants had written contracts of employment and that they had no normal working hours or agreed number of contractual hours each week. It therefore calculated weeks' pay and losses under sections 224 and 228 of the Employment Rights Act 1996, using average weekly remuneration over the 12 weeks before termination where appropriate, and cross-checked the schedules against staff rotas and national minimum pay rates. Intermittent payments made by the respondent on 7 June 2019 were deducted from the relevant awards.

On notice, the tribunal held that the respondent had breached each claimant's contract by failing to provide notice and awarded net damages by claimant, after offsets, totalling £60.76. It also found that the respondent had failed to provide a statement of main terms of employment and made an additional award of four weeks' gross pay to each claimant, totalling £4,196.21.

On holiday pay, the tribunal held that accrued but unpaid annual leave was payable on termination. Applying King v Sash Window Workshop and another [2018] ICR 693 and Regulation 13 of the Working Time Regulations 1998, it found that each holiday year ran from the individual's start date because no holiday year start had been notified and none of the claimants had worked for more than a year. That produced holiday pay awards totalling £1,993.68. The tribunal also upheld the unlawful deduction from wages claim in respect of outstanding pay for Mr Richter, Mr Johnson, Miss Stenson, Mr Owen and Ms Lyle, totalling £974.79. The written record also included the standard interest notice under the Employment Tribunals (Interest) Order 1990, stating an 8% stipulated rate if sums remained unpaid after 14 days, but no separate interest figure was quantified in the judgment.