Mr M McMullen v Old Street Brewery Ltd — 2023

Mr M McMullen brought claims for unlawful deductions from wages and failure to pay holiday pay against Old Street Brewery Ltd. The respondent did not attend the hearing or present a defence, but the tribunal was satisfied that the claim and notice of hearing had been served and that it had enough evidence from the claimant's sworn evidence and documents to determine the case.

The tribunal found that Mr McMullen had been employed from 15 November 2021 as Creative Director on a salary of £35,000, working 39 hours over 15 days per month, and that his employment ended on 5 January 2023. It found that he had not been paid for November and December 2022. It also accepted that he had produced WhatsApp messages with Adam Green of the respondent, and that the respondent had made two payments earlier in the year totalling £1,575 as part-payment.

Applying section 13 of the Employment Rights Act 1996 and regulation 16 of the Working Time Regulations, the tribunal held that there had been unlawful deductions from wages and that the claimant was entitled to holiday pay. It calculated his net monthly pay at about £2,295.47, awarded £2,295.47 for November 2022 and £2,295.47 for December 2022, and added holiday pay of about £2,000.00. The judgment records a total entitlement of £6,590.94 before crediting the £1,575 already paid, and the tribunal ordered payment of the outstanding balance of £5,015.94 immediately.