Mr Liam Moore v Vine Great Bardfield Limited — 2021

The tribunal proceeded with the full merits hearing in the Respondent's absence after the Respondent said it did not intend to attend, despite an offer of adjustments, and did not attend by telephone as listed. The Claimant attended in person and gave evidence on affirmation. The tribunal also considered the ET3, which admitted that the Claimant was not permitted to work for a period of notice because of his "attitude" and asserted, without supporting evidence, that he was paid £200 per week.

On the notice pay issue, the tribunal accepted the Claimant's evidence that he worked in excess of 40 hours per week at an agreed rate of £500 per week. It found the claim for pay in lieu of notice for the working week ending 2 October 2020 to be well founded and awarded £500 in damages for breach of contract, representing the wages that would have been paid had the Respondent not unlawfully terminated the contract of employment.

The tribunal also upheld the claim for payment in lieu of annual leave under Regulations 14 and 30 of the Working Time Regulations 1998. It found that at the date of termination the Claimant had accrued 3.2 working days of leave in excess of leave taken, and that he worked a five-day week. Using the agreed weekly rate of £500, it calculated the holiday pay due as 3.2/5 of £500, namely £320.

The total sum due was £820 gross of tax and national insurance. The tribunal ordered the Respondent to pay that amount less any deductions required by law.