In person For the v Mr S Jones, Director DECISION ON APPLICATION and 1 other — 2018

Miss C Bomben was employed by OTT Internet Limited t/a 123 Internet Group from 4 June 2018 to 20 July 2018 as a Marketing Assistant. The tribunal accepted that her gross salary was £16,000 per annum and that she was paid monthly. It also accepted that the respondent later paid the remaining salary due for the period worked, in the sum of £923.10, although that payment was not made until November 2018.

The claim for unpaid salary under section 23 of the Employment Rights Act 1996 was dismissed. Employment Judge Johnson found that the claimant had received the contractual salary she was entitled to, so there was no unpaid wages claim to succeed. The tribunal noted that the respondent’s position was that it had paid the relevant sums and had provided a properly particularised payslip.

The tribunal upheld the holiday pay claim under the Working Time Regulations 1998. It found that 3.6 days of statutory annual leave remained outstanding on termination and ordered the respondent to pay £221.54 within 14 days. The judgment records that this sum was the amount due for the unpaid leave entitlement.

The tribunal also upheld the complaint under section 11(2) of the Employment Rights Act 1996 concerning the written pay statement. It held that the payslip produced by the respondent did not include the outstanding holiday pay, so it was not adequate for the purposes of the statutory pay statement requirements. No separate monetary award was made on that issue beyond the order for payment of the holiday pay sum.