Mr C Singleton v In2tgether Limited — 2022

The tribunal made a Rule 21 judgment after the respondent failed to present a response to the claim. On the claimant’s evidence of the sums claimed, Employment Judge Johnson awarded compensation for breach of contract, unlawful deduction from wages, and holiday pay, giving a total award of £5,865.41.

For breach of contract, the tribunal found that the claimant had been continuously employed for 18 weeks and had a gross weekly pay of £666.60 at the effective date of termination. It held that he was entitled to one week’s statutory minimum notice pay, producing an award of £666.60 gross.

For unlawful deduction from wages, the judgment recorded that the claimant had received four payments from the respondent or related businesses between 31 May 2021 and 7 September 2021 totalling £8,167.85. Applying the gross weekly pay figure of £666.60, the tribunal calculated that he should have received £11,998.80 over the 18-week employment period, leaving a gross shortfall of £3,830.95.

For holiday pay, the tribunal accepted that the claimant was entitled to 5.6 weeks’ annual leave each year and calculated accrual over 18 weeks, or 19 weeks including the notice period, at 0.54 day per week. Using a gross daily pay rate of £133.32, it awarded £1,367.86. The judgment stated that the award was to be treated as gross before deductions for tax and national insurance, and noted that recoupment of benefits was not anticipated on the material before it.