Reece Raymond v 1st Solutions Contractors Limited — 2023

The claim was brought by Reece Raymond against 1st Solutions Contractors Limited, which was substituted for Verol Francis Hamilton under Rule 34 of the Employment Procedure Rules 2013. The hearing took place on 22 March 2023 before Employment Judge Oldroyd sitting alone. The claimant appeared in person and the respondent did not attend. The tribunal found that the claimant had been employed from 10 December 2012, that her role included office and payroll work, and that the written contract provided for 42 hours a week at £18.50 per hour and 28 days' paid holiday.

On the wages claim, the tribunal accepted that the claimant had not been paid all sums due for May and June 2022. It found that she was owed £1,400 net for the May pay period after taking account of a £500 payment made on 6 June 2022, and that she had accrued but untaken holiday pay due in June 2022. In the reasons, the tribunal accepted the claimant's evidence that the June holiday pay was £1,572 gross and, taking account of deductions, assessed the net sum due from both periods at £2,500 under s.13 ERA 1996.

The tribunal also found that no itemised pay statements were provided for May or June 2022, which was a breach of s.8 ERA 1996. It made a declaration to that effect and, because the missing pay statements made it harder to verify the deductions, ordered payment of £947 under s.12(4) ERA 1996. That figure was made up of £475 for May and £472 for June. The total amount payable was therefore £3,447 by 5 April 2023.