In person For the v Mr P Frith (Director/owner) — 2022

At the outset of the hearing the claimant confirmed that his complaints were limited to payment in lieu of unpaid holiday due on termination under the Working Time Regulations 1998 and an unauthorised deduction of wages for one hour's pay totalling £12 gross. He was not pursuing a complaint of unfair dismissal. The tribunal heard evidence from the claimant and from Mr Frith for the respondent.

The parties agreed that the holiday element of the claim totalled £280.92. There was also no dispute that there was no written contract in existence and nothing in writing authorising the respondent to make deductions from the claimant's wages. Although there had initially been a dispute about whether the claimant should have been paid for 51 hours rather than 50, Mr Frith conceded at the hearing that a further hour should be paid.

The tribunal held that the respondent was not entitled to make the deductions it accepted it had made to the claimant's wages. Applying Part II of the Employment Rights Act 1996 and regulation 14 of the Working Time Regulations 1998, it found that a total of £292.92 gross was due to the claimant and ordered the respondent to pay that sum.