Mr S Flesh v Mr M Brownhill trading as Cheshire Tree and Lawn Care Ltd FINAL HEARING — 2020

The tribunal held that Mr S Flesh’s claims were well-founded against Mr M Brownhill trading as Cheshire Tree and Lawn Care Ltd. The employment ran from 8 July 2019 to 22 November 2019. The tribunal found that no contract of employment or statutory statement of employment particulars had been issued, and that no itemised pay slips had been provided. It also recorded that the parties had no detailed written record of the agreed terms, which contributed to the dispute over hours and holiday.

On wages, the tribunal accepted that the workday should be treated as starting at 7.30am and ending at 4.00pm once loading the van, travelling to site, and returning to the yard were included. It rejected the respondent’s basis for paying only a 35-hour week and found an underpayment of wages under section 13 of the Employment Rights Act 1996. The underpayment was calculated as 20 weeks at 5 hours per week at £9.00 per hour, giving £900.00 gross.

On holiday pay, the tribunal applied the Working Time Regulations and found that the claimant’s holiday year ran from 8 July 2019 to 22 November 2019, a period of 138 days. It found that only one bank holiday in that period had been paid, that a further 3 days of holiday had been taken and paid for, and that the proportionate annual entitlement was 11 days. The tribunal therefore held that 7 days of holiday remained outstanding, at £72.00 per day, giving £504.00 gross.

The tribunal also upheld the complaint about statutory employment particulars and awarded two weeks' pay, calculated as 40 hours at £9.00 per hour for £720.00 gross. It upheld the complaint about itemised pay statements as well. Paragraph 28 of the reasons refers to £585.00, but the formal order at paragraph 32 and the overall total use £535.00 for that head of claim. After crediting an unexplained payment of £192.98 made on 6 December 2019, the tribunal ordered the respondent to pay £2,466.02 gross in total.