Mr R Haynes v And FSD Pharma Inc — 2020

Mr R Haynes was employed as Chief Executive of FSD Pharma Inc from 3 December 2018 to 5 February 2019 on a gross annual salary of £400,000. He brought claims for unpaid wages, unpaid holiday pay, and unpaid expenses. The respondent denied the claims and said it was unable to verify the claimant's work or entitlements, asserting that only days when Dr Bokhari was physically present with him should count.\n\nThe tribunal preferred the claimant's evidence over the respondent's. It noted that the claimant had provided a daily record of his activities and written expenses claims, whereas the respondent did not produce accounting records, pay slips, or a counter-schedule of loss despite being ordered to do so. The tribunal found it implausible that no such documentary evidence was available given the sums involved, and it rejected the respondent's position that payment depended on the claimant's performance or attendance at particular locations.\n\nOn that basis, the tribunal found that the claimant was entitled to salary for the whole of his employment and that there was sufficient credible evidence that salary and holiday pay had not been paid for the period 1 January 2019 to 5 February 2019. It also found that the expenses claim was supported by the written claims produced by the claimant. Judgment was therefore entered for all three claims.\n\nThe tribunal awarded £41,025 for unpaid wages, £7,692 for unpaid holiday pay, and £11,030 for unpaid expenses, making a total award of £59,747. The judgment records that the respondent was ordered to pay that sum to the claimant.