Mr Michael Barrett v B&Q Limited and 1 other — 2020

The claimant was employed part time by B & Q Plc from 30 May 2019 and resigned by letter on 4 October 2019. B & Q Limited was added as a party. The tribunal dismissed the claim that he had not been paid for work on 30 and 31 May 2019, accepting that the respondent's monthly payroll mechanism treated those days as falling into the June payroll and that, over the relevant period, he had been paid for the months worked. It also found no failure to pay the national minimum wage.

The tribunal found that the claimant's resignation letter gave one month's notice, although it could have been clearer. It accepted that the respondent genuinely but unreasonably treated the resignation as immediate, and held that the claimant was entitled to Statutory Sick Pay for the certified sickness period from 2 October 2019 to 2 November 2019. The tribunal accepted the claimant's gov.uk calculation that he was entitled to seven days of SSP totalling £329.88.

On holiday pay, the tribunal held that the 50p per hour Hot Spot payment was part of normal remuneration and should have been included in accrued holiday pay on termination. It also rejected the deduction of seven holiday hours said to have been taken on 30 September 2019, finding that this made no sense on the evidence. The claimant should have received £614.85 in SSP and accrued holiday pay, and after sums already received and tax potentially recoverable, the respondent was ordered to pay £131.56.