In Person For the v Mr S Sozumert, Manager — 2022

The claimant was employed by the respondent from 1 March 2019 until his resignation on 13 June 2020. He brought claims relating to holiday pay and deductions from salary for April and May 2020. The tribunal did not deal with the claimant's complaint about an exchange-rate issue in converting US dollars to sterling, and it told him that the HMRC tax issue was outside the tribunal's jurisdiction.

The tribunal heard evidence from the claimant only. The respondent, through Mr S Sozumert, was given the opportunity to give evidence or call witnesses but did not do so. On the balance of probabilities, the tribunal accepted the claimant's evidence. It found that he was paid £2,031.73 per month, was entitled to 43 days' holiday over the relevant period, had taken 10 days, and was owed 33 days' holiday pay. Using a daily rate of £78.12, it calculated holiday pay due at £2,577.96.

The tribunal also found that the claimant had suffered a 40% shortfall in salary for April 2020 and an 80% shortfall in salary for May 2020, and that he had not consented to those deductions. It held that those amounts were unlawful deductions of wages, calculated at £831.73 for April 2020 and £1,006.73 for May 2020.

The total amount payable was therefore £4,416.42, made up of £2,577.96 holiday pay, £831.73 for April 2020, and £1,006.73 for May 2020. The award was stated to be subject to any lawful deductions for tax and national insurance contributions.