In person For the v L D Crosbie — 2024

The claimant, Summer Weldon, worked as a chef at the Raven public house from 1 May 2023 to 11 July 2023 under verbal terms only and without a written contract or wage slips. The respondent did not file a response and did not attend the hearing. The claimant gave evidence on oath and showed the tribunal some documents, including an email dated 1 August 2023 requesting wages and bank statements showing payments from L Crosbie with the reference “The Raven”.

The tribunal accepted the claimant’s uncontested evidence that she had not been paid for her final week of work. It found that the respondent was her employer and had unlawfully deducted £231 from her wages in breach of s.13(1) Employment Rights Act 1996. The tribunal upheld the unlawful deductions from wages claim and ordered the respondent to pay £231, less any deductions for tax and national insurance, within 14 days of the judgment being sent to the parties.

The separate claim for unpaid holiday pay was dismissed. Although the claimant said she had been employed for just over two months and had taken some holiday, she could not explain how much holiday she was entitled to, how much she had taken, or how much holiday pay remained due. The tribunal offered a short adjournment so she could try to obtain the information, but she said she would not be able to provide it. On that basis, the tribunal said it could not make a decision on whether holiday pay had accrued and remained outstanding at the end of employment.