Mr PB Freer (1) Miss M Lofts (2) v Mr N Hadlett — 2021

Employment Judge Morris, sitting alone, found on the balance of probabilities that Mr Hadlett was the employer of both claimants. He rejected the copy written particulars of employment produced by Mr Hadlett as not genuine and accepted the claimants' evidence that they had not been given written contracts or statements of particulars. The tribunal also relied on the parties' actual dealings, including messages and pay documents that referred to The Bottled Note rather than The Bottled Note Ltd, in concluding that the true agreement was that Mr Hadlett was the employer.

On the wages claims, the tribunal accepted the time-sheet and text-message evidence showing that Mr Freer worked 110.5 hours between 12 April and 8 May 2021 and Miss Lofts worked 76 hours between 15 April and 16 May 2021, both at £8.21 per hour. It rejected Mr Hadlett's case that the wages had already been paid and rejected his reliance on alleged outstanding loans or drinks tabs, because no written consent to deductions had been produced. The tribunal found both claimants had suffered unauthorised deductions contrary to section 13 ERA 1996 and awarded £907.21 to Mr Freer and £623.96 to Miss Lofts.

For Miss Lofts' holiday pay claim, the tribunal found that her leave year ran from 20 December 2020 because no valid written leave-year provision was proved, that she took no paid holiday before her employment ended on 18 May 2021, and that she had not been compensated for accrued but untaken leave. It held that Regulation 14 WTR 1998 entitled her to £677.16 in lieu of untaken holiday. Under section 38 Employment Act 2002, the tribunal added four weeks' pay to each claimant's award, namely £907.20 for Mr Freer and £546.00 for Miss Lofts, making total sums of £1,814.41 and £1,847.12 respectively.