Mr T Constable v C R Swift Landscaping Limited — 2025

The Claimant did not attend the hearing, which proceeded in his absence after attempts to contact him and his representative were unsuccessful. Earlier claims for unfair dismissal and redundancy pay had already been struck out in November 2024 because the Claimant had less than two years' service. The remaining claims considered were unlawful deduction of wages, holiday pay, and notice pay.

On unlawful deduction of wages, the Tribunal noted the Claimant bore the burden of proof and had not provided a calculation or a breakdown of unpaid shifts. For each WhatsApp message he relied on as evidence of unpaid work, the Respondent produced a corresponding payslip showing the relevant shift had been paid. The claim was therefore dismissed.

On holiday pay, the Tribunal accepted the Respondent's evidence that the Claimant worked on average three days a week, giving a pro-rated entitlement of 12.3 days for the leave year ending on termination. Records showed he had already been paid for 15 days of holiday plus 5 bank holidays (20 days total), exceeding his accrued entitlement. On notice pay, the Tribunal found the Respondent had not dismissed the Claimant and he had not resigned in writing; he had stopped attending work, and there was no evidence he was ready and willing to work during any notice period. Both claims were dismissed.