Ms Christina Crawford v PM Construction Ltd — 2019

Ms Christina Crawford was employed by PM Construction Ltd as a Construction Administrator from 4 March 2019, working 40 hours a week for £18,000 a year or £8.65 per hour. The tribunal found that she was not given a written statement of terms and conditions. It also rejected her evidence that she had been told she would receive unlimited full sick pay.

On holiday pay, the tribunal applied the Working Time Regulations and found that, over the period from 4 March 2019 to 11 April 2019, the claimant had accrued 3.12 days' holiday. After allowing for one day taken on 3 April 2019, it held that 2.12 days remained due, valued at £146.77.

On wages, the tribunal found shortfalls in the April 2019 pay: the claimant should have been paid for 8 days including the holiday taken on 3 April 2019, leaving a shortfall of £69.23, and there was a further shortfall of £28.77 against the amount shown on the payslip. It also found that the deduction of £40 for a replacement lock was not lawful under section 13 of the Employment Rights Act 1996 because there was no written agreement to the deduction.

For the failure to provide written particulars, the tribunal applied section 38 of the Employment Act 2002 and ordered two weeks' pay, assessed at £692.31, having regard to the respondent being a small business and the circumstances at the time. The judgment records a total award of £977.07.