Mr D Wells v Supreme Recreation Ltd — 2020

At the hearing on 13 December 2019, Employment Judge Ainscough sat alone. The claimant appeared in person and the respondent did not attend. The tribunal held that Mr D Wells worked as a chef for Supreme Recreation Ltd from 17 July 2018 to 20 June 2019, that he was guaranteed 35 hours per week at £7.70 per hour, and that he worked five days a week. The holiday year ran from 1 January 2019 to 31 December 2019.

The claimant’s claim for unlawful deduction from wages under section 13 of the Employment Rights Act 1996 succeeded. The tribunal awarded gross sums for unpaid wages for 7 June 2019 to 13 June 2019, unpaid wages for 14 June 2019 to 17 June 2019, one day of the notice period, average overtime for 7 June 2019 to 20 June 2019, and accrued holiday pay to 20 June 2019. Those items totalled £1,386 gross.

The tribunal also found that the claimant had not been provided with written particulars of employment. Under section 38(4) of the Employment Act 2002, it made an award equivalent to four weeks' gross pay, assessed at £1,078. The written record states that interest would apply if sums were not paid within 14 days, but it does not record a separate interest figure in the judgment itself.