Mr C Martin v Pya 1 Ltd — 2020

The claim was decided under Rule 21 because the respondent did not present a response and did not attend. The tribunal recorded that the claim form had been served, that the respondent's registered office was at 97 Newcastle Road, South Shields NE34 9AA, and that the proceedings were validly served. The claimant attended in person and gave further details of the claim.

The tribunal found that the claimant had been employed from 20 March 2019 to 8 September 2019. On the date his employment ended, he had accrued 13 days' annual leave and had taken 10 days, leaving 3 days untaken. Using a daily rate of £87.60, the tribunal assessed the outstanding holiday pay at £262.80 gross.

For wages, the tribunal found that the claimant's gross weekly pay was £438, which it calculated as approximately £366 net. He gave two weeks' notice of termination, but the respondent paid only £300 for those two weeks. The tribunal calculated that the claimant should have been paid £876 gross for that period and that the payment made amounted to 41% of what was due, leaving a shortfall of 59% and an unlawful deduction of £517.

The tribunal was satisfied that both claims were made out and ordered payment of £779.80 in total, subject to tax and national insurance. The award comprised £517 for unlawfully deducted wages and £262.80 for accrued but untaken holiday pay.