Mr Karl Engel (Representative) For the v KC Bakery Ltd — 2022

The claimant, Miss Jessica Engel, brought claims arising from pay, holiday pay, the absence of a written statement of terms, and itemised payslips. The tribunal heard the case at Cambridge on 24 February 2022 in the absence of both parties, with Mr Karl Engel appearing for the claimant. The unfair dismissal complaint had already been dismissed earlier in the proceedings because the claimant did not have the two years' service required by s.108 ERA 1996.

On the pay claim, the tribunal found that the written contract supplied on 26 November 2020 was a later template and incorrectly stated an hourly rate of £9. The tribunal accepted that the agreed contractual rate was £8 per hour, that the claimant worked 9 hours per week at weekends, and that she was entitled to furlough pay from 6 April 2020 until she was properly notified of lay-off on 28 October 2020. On that basis, she should have received £1,670.40 but had been paid £1,590.84, so the tribunal found an unlawful deduction from wages of £79.56.

The tribunal also found that by 28 October 2020 the claimant had accrued 29.08 hours of untaken holiday. Because there was no agreement allowing carry-over of unused leave from the previous holiday year, the tribunal limited the award to accrued leave in the current year and ordered £240 gross for holiday pay. It further found that the respondent had failed to provide a written statement of particulars at the start of employment, and that the later document remained defective because it misstated the hourly rate. Under s.38 of the Employment Act 2002, the tribunal awarded four weeks' pay, assessed at £288.

For itemised pay statements, the tribunal found that the May to August 2021 payslips did not show the gross hourly rate, hours per week, gross weekly pay, net weekly pay, or a declaration of no deductions. It declared that there had been a failure to provide fully itemised pay statements, but made no financial award, describing the breach as technical and finding no actual detriment. The total award ordered was £607.56.