Mr G Matthews v Tees Valley Community Asset Preservation Trust — 2020

The tribunal held that Mr Matthews' complaint about being paid for 7.5 hours per weekend shift instead of 8.5 hours was well founded. It directed the parties to try to agree the amount owing, and if they could not, there would be a separate hearing to determine it. The tribunal also upheld the separate complaints about Sunday pay for the period 1 April 2020 to 31 May 2020 and notice pay for 1 to 8 June 2020, ordering £220.50 on the Sunday-pay claim and £76.50 on the notice-pay claim.

The tribunal further held that the holiday and working-time complaints were well founded. It awarded £10.25 for accrued untaken holiday in the leave year ending 31 March 2019 and £76.50 for accrued untaken holiday in the leave year ending 31 March 2020. It also upheld the regulation 16 Working Time Regulations 1998 claim concerning leave taken on 19 October 2019, 12 December 2019 and one day in March 2020, but left the amount due to a separate hearing. It ordered £81 on the regulation 14 Working Time Regulations 1998 claim for leave accrued and untaken between 1 April 2020 and 8 June 2020.

The tribunal found that when the proceedings began the respondent was in breach of its duty under section 1(1) of the Employment Rights Act 1996 and made an award under section 38 of the Employment Act 2002 in the sum of £153, described as two weeks' pay. It rejected the complaint that Mr Matthews should have been paid until 6pm rather than 5.30pm, or that work after 5.30pm entitled him to additional remuneration under section 17 of the National Minimum Wage Act 1998, and it dismissed the unfair dismissal complaint.