(1) Mr K Giber (2) Mr L Riffoid (3) Mr M Ali (4) Mr H Rauf (5) Miss K-A Stocks (6) Miss D Kasavetova (7) Mr J Jo-Nes (8) Mr L Zaidner (9) Mr D Davison (10) Miss C de la Parra Leyba (11) Mr C Gambamba (12) Mr B McDavitt v Bright Idea Education Ltd and 1 other — 2022

This was a reserved remedy judgment following a Rule 21 judgment sent to the parties on 5 September 2022. The tribunal held that the named claimants were entitled to net payments for unpaid wages under section 13 of the Employment Rights Act 1996. It awarded unpaid wages to Mr Davison (£6,015), Mr Jo-Nes (£7,203.81), Ms Kasavetova (£5,400.80), Mr McDavitt (£9,414), Mr Riffoid (£12,321), Ms Stocks (£4,577.40), Ms de la Parra Leyba (£4,577.20), Mr Zaidner (£10,871.94), Mr Giber (£689.44), Mr Ali (£4,577.02), Mr Rauf (£8,421.75), and Mr Gambamba (£4,006).

The tribunal also awarded Mr Davison £46.26 for 0.5 days of accrued but untaken holiday pay for the 2022 holiday year under regulation 24 of the Working Time Regulations 1998. It dismissed his claim for 2021 holiday pay, finding that he had had the opportunity to take that leave during the relevant holiday year, had in fact taken some leave, and that there was no agreement to carry leave forward. The tribunal stated that the position did not fall within Smith v Pimlico Plumbers [2022] EWCA Civ 70 because the respondent had recognised his right to paid leave and he had been able to take it.

Mr Rauf was awarded one week's statutory notice pay of £462.73 under section 86 of the Employment Rights Act 1996, the tribunal noting that there was no evidence of any longer contractual notice period. The tribunal did not award additional sums sought by Mr Zaidner and Mr Rauf for consequent financial loss under section 24(2) of the Employment Rights Act 1996 because those losses were not explained or related to identified financial loss caused by the non-payment of wages.

The tribunal also refused parts of some claims because the material provided was insufficient. It declined to award holiday pay to Mr Giber and Mr Ali because the number of days claimed was not identified and relevant supporting material had not been provided, and it made no award for Mr Ali's claimed January 2021 wage shortfall because the amount could not be ascertained from the information before it. The total monetary award recorded in this remedy judgment was £78,584.35 net.