Matthew Keith v Macdonald Hotels — 2021

Matthew Keith began work for MacDonald Hotels as a chef de partie on or about 16 November 2019, working on the basis of 40 hours per week and 28 days' paid leave. His employment ended on 26 August 2020. The claimant withdrew his unfair dismissal claim before the hearing, and the tribunal therefore dismissed it under Rule 52.

The tribunal accepted the claimant's evidence that he was suspended from 11 August 2020 until his dismissal on 26 August 2020 and that he had also worked three unpaid days immediately before suspension. On the payslips and the evidence before it, the tribunal found the contractual rate was £9 per hour, not £10 per hour. Applying section 13 of the Employment Rights Act 1996, and finding no contractual provision or prior written consent authorising non-payment, it held that wages had been unlawfully deducted. It awarded £1,008 gross for the suspension period and £216 gross for the three unpaid days, both ordered net of income tax.

On annual leave, the tribunal applied regulation 13(3)(b)(ii) of the Working Time Regulations 1998 and found the leave year began on 16 November 2019. By 26 August 2020 the claimant had accrued 21 days' leave, had taken or been paid for 6 days, and therefore had 15 days outstanding. Using a weekly rate of £360 based on 40 hours at £9 per hour, it awarded £1,080 gross in lieu of accrued but untaken leave under regulation 14(2). The claim about an overcharge for live-in costs was dismissed for lack of written evidence, and the claim seeking an order that the respondent pay the claimant's income tax liability to HMRC was also dismissed, the tribunal noting the £916.60 tax rebate shown on the March 2020 payslip.