Mr Kenneth Madden v Represented by His wife, Lynne Madden Fenton Bespoke — 2021

Mr Kenneth Madden worked for Fenton Bespoke as a joiner from 12 October 2020 to 27 November 2020 on £17 per hour, with a gross weekly rate of £714. Before the merits hearing, he applied to amend his claim to add unpaid holiday pay. The tribunal allowed the amendment, applying Cocking v Sandhurst (Stationers) Limited and Selkent Bus Company Limited (trading as Stagecoach Selkent) v Moore, because the holiday pay issue was closely related to the original claim, had been raised promptly, was not time-barred, and the claimant had initially been unaware of the entitlement because no contract had been issued.

On the fuel costs issue, the tribunal accepted that there had been a verbal agreement with Paul Gallagher that if the claimant had to buy fuel for company business without cash in advance, he would be reimbursed on production of valid receipts. It found that the claimant bought fuel on 17 November 2020 and 23 November 2020, each time incurring £40, and that he produced receipts but was not reimbursed. The tribunal therefore ordered repayment of £80.

On salary, the tribunal found that the claimant had worked 39 hours during the week 23 to 27 November 2020 and should have been paid £663 gross. It accepted that the respondent withheld payment because of damage to a third-party vehicle, but found no statutory provision, relevant contractual term, or written consent authorising any deduction. It held that the respondent had made an unauthorised deduction from wages in breach of section 13 of the Employment Rights Act 1996. The tribunal also found that the claimant had accrued 3.7 days' holiday, had taken none, and had not been paid on termination, so he was entitled to £528.36 gross in lieu under regulation 14 of the Working Time Regulations 1998. The total award was £1,271.36 gross, and the tribunal stated the claimant would be liable to HMRC for tax and national insurance on the award.