Mr Y S Butt v Mr Sunny Arora and 1 other — 2022

The claims against Mr Sunny Arora were dismissed upon withdrawal by the Claimant, and the claims proceeded against SHOP321 Ltd. The tribunal held that the Claimant's average hourly rate of pay for the duration of his employment with the Second Respondent was below the National Minimum Wage and that this was in breach of his contract of employment. It found total loss of £37,627.10 gross on that head, but capped the award at £25,000.

The unfair dismissal claim succeeded. The Claimant had 7 years' complete service when his employment ended on 28 November 2020, and he was 60 years old at dismissal. The tribunal recorded an adjusted average weekly pay of £610.40, noted that the statutory cap on a week's pay was £538 at the time the claim was submitted, and awarded a basic award of £5,649.00 and a compensatory award of £3,865.99. The compensatory award covered loss of earnings from 28 November 2020 to 30 January 2021, adjusted for National Minimum Wage, and loss of statutory rights, with credit for £1,000 already paid by the Second Respondent.

The holiday pay claim for 26 February 2020 to 28 April 2020 succeeded and £5,315.00 was awarded. The tribunal also found that SHOP321 Ltd failed to provide a written statement of particulars of employment under section 1 Employment Rights Act 1996 and awarded two weeks' pay of £1,076, and that it failed to provide itemised pay statements under section 8 Employment Rights Act 1996, making a declaration to that effect. The Employment Protection (Recoupment of Benefits) Regulations 1996 were said to apply; the prescribed period was 28 November 2020 to 30 January 2021 and the prescribed element was £3,865.99. The judgment states total compensation of £40,905.09.