Mr C Sahasrabudhe v Microstrategies Ltd — 2023

The case was heard in person under Rule 21 after the respondent had not presented a response, had been notified of the hearing, and did not attend or seek to participate. Employment Judge Quill heard the claimant in person and accepted his contract documents, then issued judgment on the two monetary claims.

The tribunal found that the claimant was employed by Microstrategies Ltd from 26 July 2021 to 30 August 2021, a period of 36 days. The respondent told him on 23 August 2021 that his employment was being terminated on one week's notice and that he was not required to attend during the notice period. The tribunal recorded that the notice was not given in writing, but otherwise the termination was not a breach of contract and was effective to end the employment on 30 August 2021.

On pay, the tribunal accepted that the claimant's salary was £25,000 per year. It found that he should have been paid £2,465.76 for the 36 days of the contract, but was not paid at all. That failure was held to be an unauthorised deduction from wages contrary to Part II of the Employment Rights Act 1996, and judgment was entered for £2,465.76 gross, subject to lawful PAYE deductions but no other deduction or set-off.

On holiday pay, the tribunal found that the claimant was entitled under the Working Time Regulations 1998 to 5.6 weeks' holiday for a full year, that he took no holiday during the employment, and that he received no payment in lieu on termination. It calculated the amount due at £265.55 and ordered that sum to be paid, again subject to lawful PAYE deductions but no other deduction or set-off. The tribunal also noted that the claim had been presented in time following early conciliation.