Miss J Cropley v VPS PVT Limited — 2024

The claimant was employed by the respondent as a counter clerk from 20 January 2023 until 2 August 2023, working 24 hours a week. She brought claims for unpaid wages and unpaid holiday pay following early conciliation. The respondent did not attend the remote CVP hearing on 29 February 2024; the clerk attempted to contact the respondent by telephone and email before Employment Judge Welch proceeded in its absence, having regard to the overriding objective and the admissions in the response form.

On the evidence of the claimant, the Tribunal found that during 17 July to 2 August 2023 the claimant worked 79.5 hours for which she was not paid, amounting to £828.39. The Tribunal also found that the claimant's pro rata holiday entitlement left 48.4 hours of accrued but untaken holiday on termination, valued at £10.42 per hour, totalling £504.33.

Applying section 13 of the Employment Rights Act 1996, the Tribunal concluded that both sums had been unlawfully deducted. The claims succeeded and the claimant was awarded a gross total of £1,333.72.