Callum Fysh v Hedley Design Limited — 2021

Callum Fysh brought claims against Hedley Design Limited for unlawful deduction of wages, unpaid holiday pay on termination, and breach of contract arising from unpaid pension contributions. The respondent did not present a response, and the case was dealt with under rule 21 of the Employment Tribunals Rules of Procedure 2013. The tribunal noted that the claim form was served twice and that the claimant later provided further information by email about the sums claimed.

The tribunal found that, as at termination of employment, the claimant had not been paid gross salary of £1,474.36 for his last month of employment. It also found that he had accrued 20 days' annual leave but had taken 10 days, and on a gross daily rate of £88.46 he was entitled to £884.60 for untaken holiday pay. On the pension issue, the tribunal accepted the claimant's material from NEST and his later breakdown of the unpaid employee and employer contributions, totalling £1,908.85.

Satisfied that it had sufficient information to do so, the tribunal issued judgment without a hearing and held all three claims well-founded. It ordered the respondent to pay £1,474.36 for unlawful deduction of wages, £884.60 for holiday pay, and £1,908.85 in damages for breach of contract, making a total award of £4,267.81. The listed hearing on 1 March 2021 was cancelled.