Mrs K Matthews v Tees Valley Community Asset Preservation Trust — 2020

The tribunal upheld the complaint that the respondent underpaid the claimant for weekend shifts by paying for 7.5 hours instead of 8.5 hours per shift between 24 November 2018 and 31 March 2020. That head was found well founded, but the amount owing was left to be determined at a separate hearing unless the parties could agree it.

It also upheld the complaint that the respondent had not paid £76.50 for each Saturday in the period 1 April 2020 to 31 May 2020 and ordered £220.50, reflecting 9 x £76.50 less £468 already paid. The tribunal further upheld the notice pay complaint for 1 to 8 June 2020 and ordered £76.50. It found that the respondent had failed to pay accrued untaken holiday for the leave year ending 31 March 2019 and ordered damages of £24.77.

On holiday-related claims under the Working Time Regulations 1998, the tribunal found that the respondent had not paid the full amount due under regulation 16 for leave taken in the leave year ending 31 March 2020, but the amount was not quantified in this judgment and was left for a separate hearing. It also upheld the regulation 14 claim for leave accrued and untaken between 1 April 2020 and 8 June 2020 and ordered £81. Separately, it found that when proceedings began the respondent was in breach of section 1(1) of the Employment Rights Act 1996 and made an award under section 38 of the Employment Act 2002 of £153, equivalent to two weeks' pay.

The tribunal dismissed the complaint that the claimant should have been paid until 6pm rather than 5.30pm, or that work after 5.30pm entitled her to extra pay under section 17 of the National Minimum Wage Act 1998. It also dismissed the complaint about accrued untaken holiday for the leave year ending 31 March 2020. The judgment records that reasons were given orally and that written reasons would not be provided unless requested.