Mr Christopher Lloyd v Industrial Roof Coatings Limited (in Voluntary Liquidation) — 2020

The claim was presented on 20 January 2020 after early conciliation between 6 December 2019 and 6 January 2020. The final hearing on 17 June 2020 proceeded by telephone under Covid-19 guidance. The respondent filed no ET3 and took no part in the case, having gone into voluntary liquidation on 31 January 2020. The tribunal heard evidence from the claimant and accepted his account.

The tribunal explained to the claimant that its powers were limited by statute, so the unfair dismissal complaint could not succeed. The claimant then withdrew that complaint, and it was dismissed on withdrawal.

On the remaining money claims, the tribunal found that the claimant was employed between 22 May 2019 and 21 October 2019. It found that he had not been given notice or pay in lieu of notice, had not been paid £519.52 in expenses, and had not been paid for 13.5 days of work, amounting to £1,755 gross. It also found that he had taken no holiday and was entitled to 11.71 days of accrued holiday pay.

Applying the relevant statutory provisions, the tribunal upheld the claims for unlawful deduction from wages under section 13 of the Employment Rights Act 1996, breach of contract, and unpaid holiday pay under the Working Time Regulations 1998. It awarded £4,316.52 in total, made up of £1,755 for unpaid wages, £1,039.52 for breach of contract including £520 notice pay and £519.52 unpaid expenses, and £1,522 for holiday pay. The tribunal refused the separate £2,071 sought for income tax and National Insurance that had been deducted but not paid over, saying it had no power to award that sum, and said the £120 overdraft fee was not recoverable.