Mr. R Allsopp v Hilltop Motorcycles Ltd — 2020

The claimant, Mr R Allsopp, brought claims against Hilltop Motorcycles Ltd for unauthorised deductions from wages, unpaid holiday pay, and notice pay. The hearing was conducted remotely by CVP before Employment Judge Heap sitting alone. The tribunal recorded that the holiday year ran from 1 January to 31 March 2020 and that the effective date of termination was 31 March 2020.

On the wages claim, the respondent accepted that the claimant had not been paid for 30 and 31 March 2020. The tribunal therefore held that the claim for unauthorised deductions from wages was well founded and ordered payment of £119 gross, subject to tax and national insurance deductions.

On annual leave, the tribunal accepted the respondent's evidence from its online calendar that the claimant had taken leave on 14 January, 5 February and 25 February 2020, in addition to the paid holiday on 1 and 2 January and 17 March 2020. The tribunal found that he had taken six days' leave but had accrued entitlement to seven days by the termination date, so the claim for unpaid holiday pay succeeded to the extent of one day only. The award was £59.50 gross, subject to deductions. The tribunal rejected the respondent's offset argument because there was no relevant agreement under regulation 14(4) Working Time Regulations 1998.

The notice pay claim was dismissed. The tribunal found that the claimant had not given notice of termination and that his words and conduct at the 31 March 2020 meeting were consistent with bringing the employment to an end then and there. As a result, the respondent was not obliged to pay notice pay.