Mrs H Thompson v Mr D Thompson t/a Thompson Contract Services — 2022

The claimant, Mrs H Thompson, was found to have been an employee of the respondent, Mr D Thompson t/a Thompson Contract Services. The tribunal heard the case remotely by CVP on 18 November 2022 before Employment Judge Morris sitting alone.

The tribunal upheld the claimant's complaint of unauthorised deduction from wages under section 13 of the Employment Rights Act 1996, brought under section 23, finding that the respondent had not paid her the full amount of her pay for the period 7 August 2020 to 20 August 2021. It ordered payment of £5,396 in respect of that deduction.

The tribunal also upheld the claimant's breach of contract complaint, finding that the respondent failed to give the one week's notice of termination required by section 86 of the Employment Rights Act 1996. It awarded £144 for that breach.

As to the holiday pay issue under Regulation 14 of the Working Time Regulations 1998 and/or contract, the tribunal recorded that any award that might have been made on that complaint was incorporated into the £5,396 award. It also noted that the claimant did not pursue the 'No pension paid' matter in her schedule of loss and that any such claim was dismissed. The total award was therefore £5,540, and paragraph 8 states that the £5,396 award was calculated by reference to net pay with any income tax or national insurance liability falling to the respondent.