In person For the v No appearance or attendance. — 2020

The claimant worked for Barry’s Cars and Minibuses Ltd as a minibus driver from 24 September 2020. He said he was paid £10 per hour, that breaks between jobs were unpaid, and that he was entitled to a minimum of 37.5 hours' work per week. He resigned on 29 October 2020 and brought claims for unpaid wages and untaken holiday pay. The respondent did not attend the hearing or provide evidence.

On the unpaid wages claim, the tribunal preferred the claimant’s evidence to the respondent’s version of events. It accepted the claimant’s account that he attended a First Aid course on 26 October 2020 and worked on 27 October 2020, supported by photographs, messages to his fiancé, and a tachograph. The tribunal found that he had not been paid for those two days and held that he was entitled to 11 hours' unpaid wages, namely 7 hours on 26 October and 4 hours on 27 October 2020, totalling £110.

On holiday pay, the tribunal accepted that there was no evidence the claimant had taken paid holiday while employed. As he had been employed between 24 September and 28 October 2020, the tribunal held that he was entitled to 0.54 of a week’s pay, calculated as 5.6 weeks multiplied by the proportion of the leave year worked. Because he had been employed for less than 12 weeks and did not have normal working hours, the tribunal applied section 228 Employment Rights Act 1996 and used the average of his weekly pay during the four complete weeks for which he was paid. That figure was £390.55 gross, producing holiday pay of £211.

The judgment therefore awarded £110 for unlawful deduction from wages and £211 for annual leave entitlement, making a total of £321.