Mr K Carlin v Clyde Contracts & Supplies Limited — 2023

Mr Carlin claimed unpaid wages for the weeks of 12 to 18 November 2022 and 19 to 25 November 2022, together with accrued but unpaid holiday pay on termination. The Tribunal accepted the evidence of Mr Wilkinson and Mr Tolland that wages were paid at the end of the week for that week worked, so the payment received on 17 November 2022 covered 12 to 18 November 2022 and there was no unlawful deduction for that period.

The Tribunal rejected the respondent's case that employment ended on 18 November 2022. It found that the written notice handed to the claimant on 18 November 2022 gave seven days' notice and fixed termination for 25 November 2022. The claimant did not attend during the final week because he was told by text on 20 November 2022 not to come into work. The Tribunal therefore held that the failure to pay wages for 19 to 25 November 2022 was an unlawful deduction and ordered payment of one week's gross pay of £526.75, subject to tax and national insurance.

On holiday pay, the Tribunal accepted that the claimant's holiday year ran from the anniversary of his start date, 30 September to 29 September, rather than the calendar year. It did not accept that the claimant had taken holiday between 30 September 2022 and 25 November 2022, and it found that the physio appointment and the suggestion that 18 November 2022 was a holiday were not supported by the respondent's own records. The Tribunal assessed pro-rata accrued holiday entitlement at 4 days, equivalent to £421.40, less tax and national insurance.