Mr D McDonald 1st v Structural Timber Systems Ltd 2nd Respondent: NE Foundry Ltd — 2020

The claim was heard on 11 March 2020 before Employment Judge Sweeney in the absence of both respondents, after the tribunal decided it was in the interests of justice to proceed. The proceedings had begun against Structural Timber Systems Ltd, but during case management and at the hearing the claimant accepted that NE Foundry Ltd was his employer, and the tribunal added NE Foundry Ltd as the Second Respondent. The Second Respondent later accepted that the claimant was owed some money, but did not attend the final hearing.

On the wages issue, the tribunal accepted the claimant's evidence, with reference to the Second Respondent's own time-sheet summary and payslips, that extra overtime had not been paid on 31 May 2019 and that 10 hours had been omitted from the 30 June 2019 payment. Applying section 13 ERA 1996, the tribunal found a series of unlawful deductions totalling £103.94 and held that there was no contractual or written authority for the shortfalls.

On holiday pay, the tribunal found that the claimant was entitled to 3.5 days accrued but untaken holiday valued at £229.88, and also to £65.68 for Good Friday, which had been taken but not paid. The tribunal therefore upheld the holiday pay claim in the total sum of £295.56, referring to regulation 14(3) and regulation 30 of the Working Time Regulations 1998.

The tribunal also made an award under section 38 Employment Act 2002 because the Second Respondent had not provided written particulars of employment. It found that the claims fell within schedule 5 of the Act and that it would not be unjust or inequitable to make an award. The tribunal made the higher award of 4 weeks' gross pay at £328.40 per week, producing £1,313.60. The total amount ordered to be paid was £1,713.10.