Claimant v Property Collection Worldwide Ltd — 2021

The first and second claimants were employed by the respondent from 14 December 2015 until they both resigned on 9 February 2016. The tribunal accepted that the first claimant was on a salary of £55,000 per annum and the second claimant on £35,000 per annum, and it accepted the claimants' pay calculations subject to agreed holiday adjustments.

The respondent argued that the claimants had been absent from work or not working during working hours and therefore were not entitled to be paid in full. The tribunal rejected that evidence. It noted that the claimants worked from home, that salaried home working involved some flexibility, and that the respondent had not produced clear evidence to prove that either claimant had been absent from work or failing to work during working hours. The tribunal also said it could not draw an inference of non-work simply because the claimants may later have set up in competition with the respondent.

On the first claimant's figures, the tribunal accepted the payslip evidence and calculated that he should have been paid £6,274.75 net for the relevant period. After the amount actually paid and an agreed deduction for holiday taken over Christmas, the tribunal ordered payment of £2,144.51. On the second claimant's figures, the tribunal accepted that £4,209.51 net was due for the period of employment, then reduced that by agreed holiday recoupment to £737.98.

The third claimant did not attend the hearing. The tribunal struck out that claim as it did not appear to be actively pursued, and noted that it would in any event have been dismissed upon withdrawal after the tribunal received an email withdrawing the claim.