Mr R Sampaio v Marvin Architectural UK Ltd — 2022

The claim was determined under Rule 21 because the respondent filed no response and did not attend the hearing. The claimant, Mr R Sampaio, had been employed by Marvin Architectural UK Ltd from 1 January 2018 until he gave notice on 24 January 2022, working through the notice period. He brought claims for an unpaid bonus, unpaid final salary and holiday pay.

On the bonus claim, the tribunal accepted evidence of an email dated 3 June 2019 stating that if £750,000 sales were achieved a bonus of £15,000 would be payable in equal instalments over four months, subject to continued employment. The claimant had achieved the target and had received £2,500 in February 2020 and £2,500 in March 2020, but the remaining instalments were delayed during furlough and were not paid after he returned. The tribunal found that £10,000 gross remained outstanding, being the £15,000 bonus less the £5,000 already received.

On the final pay claim, the tribunal accepted that the claimant received a final payslip dated 28 January 2022 showing net pay of £3,449.35, including accrued leave, salary and car allowance, but that he never received that money in his bank account. The tribunal found that he had not been paid the £3,449.35 and that this sum included holiday pay of £1,307.69 gross. The tribunal recorded a total award of £13,449.35, comprising £10,000 for the bonus balance and £3,449.35 for the unpaid final pay items.