Miss K Isam v R & D Supermarket Limited — 2020

The claimant worked for the respondent from 15 September 2017 until she resigned on 22 June 2019, on 16 hours per week at £8.21 per hour. She resigned with notice, but the respondent told her to finish immediately. The tribunal accepted that she had not waived her right to a week’s notice under section 86 of the Employment Rights Act 1996 and awarded £131.36 gross notice pay.

On holiday pay, the tribunal found that the claimant had never been given written particulars or a contract setting out holiday entitlement or the basis for calculating holiday pay. It applied regulation 13(3)(b)(ii) of the Working Time Regulations 1998 to identify the leave year and then applied regulation 14 to calculate accrued untaken holiday at the end of employment. On the tribunal’s findings, the claimant had accrued 69 hours of holiday, had taken 36 hours, and was owed 33 hours’ pay, amounting to £270.93 gross.

The tribunal also relied on text messages from the respondent’s director confirming that the claimant had no contract. Because the respondent had breached the duty to provide written particulars under section 1 of the Employment Rights Act 1996, and because the claimant had succeeded on the holiday pay claim, the tribunal made an additional award under section 38 of the Employment Act 2002. That award was two weeks’ pay, £262.72. The total awarded was £665.01.