Ms S Devi v First Link Healthcare Limited — 2019

The respondent did not present a response, and a default judgment had already been entered on 11 June 2019. The remaining issue at the hearing before Employment Judge Batten, sitting alone on 19 July 2019, was remedy. The claimant relied on her contract, emails and text messages about sums owed, and a driving rota for one day. She said she worked for the respondent from 19 September to 12 December 2018, was contracted for a minimum of 20 hours per week at £10 per hour, and regularly worked extra hours at the respondent's request.

The tribunal accepted that the claimant was owed £600 gross for 3 weeks' unpaid wages at the contractual rate, plus £140 gross for 14 additional hours worked on the driving rota. It also accepted that she had taken no holiday during her employment. Applying Regulation 14 of the Working Time Regulations 1998, the tribunal found that she was entitled to payment for 7 days, or 28 hours, of accrued untaken holiday, worth £280 gross.

The tribunal therefore awarded a total of £1,020 gross, made up of £740 unpaid wages and £280 holiday pay. No other remedy was addressed in the judgment.