Mr. Harvey Platt v Powell and Barns Group trading as Powell and Barns Media Limited — 2022

The tribunal amended the respondent’s name to Powell and Barns Group Limited trading as Powell and Barns Media Limited. It found that the claimant interviewed on 29 April 2021, attended an induction on 13 May 2021, and later signed a written statement of terms and conditions on 3 June 2021. Although he said he had been working from 13 May 2021, the tribunal held that his employment under the contract started on 3 June 2021 and that the earlier period was an unpaid induction, so the breach of contract claim for work done between 13 May and 3 June 2021 was dismissed.

The contract provided for pay at £10 per hour, commission on paid orders, one week’s notice during the probationary period, and holiday pay. The tribunal accepted Ms Powell’s evidence that commission depended on a booking form and a paid order being completed. It found that the claimant did not complete any booking forms or generate any paid orders, so he was not entitled to commission.

On the wage and holiday calculations, the tribunal found that the claimant worked 176 hours under the contract and was entitled to £1,760 for wages. It also found that he was entitled to £244 holiday pay and £80 notice pay, making £2,084 properly payable in total. The tribunal recorded that he had received £1,866 and concluded that there was a shortfall of £218, which constituted an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996. It also found that the deduction was not required or authorised by statute, by the contract, or by written consent, and that there had been no overpayment of wages.