Wightman v Stockbridge Decorators Ltd — 2022

The claimant, Colin Wightman, worked for Stockbridge Decorators Ltd as a painter and decorator from 14 June 2021 to 29 October 2021. He was told he would work 38 hours a week, be paid £16 an hour, and receive time and a half for overtime. His gross weekly wage was £608, paid weekly in arrears as £488.48 net. The respondent did not appear at the hearing. The tribunal accepted the claimant's evidence on the balance of probabilities and said there was no reason to doubt his credibility or reliability.

On unlawful deductions from wages, the tribunal found that the claimant was due £608 gross for the last week of employment and £168 gross for 7 hours of overtime worked in the final two weeks. Those sums had not been paid, so the tribunal upheld the claim and found an unlawful deduction of £776 gross, from which tax and national insurance were to be deducted.

On holiday pay, the tribunal found that the holiday year ran from the start of employment on 14 June 2021. By the termination date on 29 October 2021 the claimant had accrued 10.6 days' holiday, had taken 2 days, and was entitled to payment in lieu for the remaining 8.6 days. The tribunal therefore awarded £1,045 gross.

On the failure to issue written terms and conditions, the tribunal found that the claimant had not been given any written statement of his employment particulars despite requesting one on several occasions. Having regard to the small size of the employer and the short duration of employment, the tribunal considered it just and equitable to award two weeks' pay, subject to the statutory cap, in the sum of £1,088.