Ms S Davies v Michael Campbell — 2019

The claimant worked for the respondent as a pub manager from 27 May to 17 June 2019. The tribunal accepted her oral evidence in full. It found that she was paid one week in arrears and, when she resigned after working Monday to Thursday in her final week, she was owed wages for one week in hand plus those four days. The tribunal also found that accrued holiday pay had not been paid and that she had fully co-operated with the respondent to ensure payment.

The complaint of unlawful deduction from wages under section 13 Employment Rights Act 1996 was upheld, as was the complaint of unpaid holiday pay under the Working Time Regulations 1998. The tribunal awarded £954 for unpaid wages and £265 for accrued holiday pay, equivalent to 2.5 days. It also recorded that the claimant had never been given a statement of terms and conditions of employment, contrary to section 1 Employment Rights Act 1996.

Because no section 1 statement had been provided and the claimant had done all she could to secure payment of her wages, the tribunal made an additional award under section 38 Employment Act 2002. That award was assessed at half of the claimant's monthly pay, being £265. The total sum awarded was £1,484, to be paid net of lawful deductions for tax and national insurance.