Claimant v Lean on Me Community Care Services Ltd — 2021

The claimant started work for the respondent on 10 January 2020 assisting with office administration and was not given a written statement of terms and conditions. The tribunal accepted the payslips for January and February 2020 as genuine and found that the parties had agreed a 25-hour working week. It did not accept the claimant’s case that he had been dismissed at the meeting on 13 March 2020.

Instead, the tribunal found that the employment continued after 13 March 2020 and ended on 10 July 2020, after the claimant had been paid furlough monies on 6 July 2020. On that footing, the claimant remained entitled to pay after 13 March 2020. Using the February 2020 payslip as the only full paid month, the tribunal found his net weekly pay was £188.39.

The tribunal upheld the breach of contract claim for one week’s notice pay and awarded £188.39. It also upheld the unlawful deductions claim for arrears of pay for May and June 2020, awarding £1,248, and the holiday pay claim, awarding £283.05 for 7.5 days’ accrued but untaken leave. The tribunal found no basis for an uplift on the holiday pay because there was no evidence of a grievance about that issue.

The tribunal further found that the respondent had failed to provide written particulars of employment and, under section 38 of the Employment Act 2002, awarded two weeks’ net pay of £376.78. The total sum payable under the judgment was £2,096.22.