In person For the v Propertyshark Ltd T/a Re-max Ambassador — 2019

The claimant worked for the respondent as a Sales Negotiator from 17 June 2018 to 19 November 2018 on a salary of £16,000 per annum plus commission. The respondent did not attend the hearing. The tribunal heard evidence from the claimant, read the respondent’s witness statement from the response form, and gave it less weight because the respondent was not available for cross-examination.

On holiday pay, the tribunal found that the contract stated 21 days’ annual leave, but the claimant was a full-time worker and therefore had an entitlement of 28 days under Regulation 13A(3) of the Working Time Regulations 1998. It found that she took no leave during employment and was entitled on termination to 9.3 days accrued but untaken leave, valued at £55.90 per day, producing an award of £519.87 under Regulation 14.

On wages, the tribunal found that the claimant’s July salary instalment was underpaid by £188.55. It also found that £50 had been deducted from commission without any contractual clause authorising deductions or other lawful authority. The claimant said her commission should have been £300 but she received £250 because of a VAT charge imposed by the respondent; the tribunal accepted that evidence and awarded £50 for unlawful deduction from wages under section 13 of the Employment Rights Act 1996.

The tribunal therefore awarded the claimant £519.87 for unpaid holiday pay, £50 for unlawful deduction from wages, and £188.55 for unpaid wages, making a total judgment sum of £758.42.