Ms Jayne Russell v Represented by: Mr P Whyte - Partner Mr George Urquhart t/a G Catering Services UK — 2023

The tribunal substituted 3G Catering Services UK Limited as the correct respondent and heard evidence from the claimant, Ms Jayne Russell, and from Mr George Urquhart. It found the claimant had been employed from October 2022 under a written contract showing an hourly rate of £10, holiday entitlement of 28 days, and four weeks' notice. The tribunal rejected the claimant representative's argument that she was contractually entitled to 30 hours per week regardless of hours worked, holding instead that payment was due for hours actually worked.

On wages, the tribunal preferred the claimant's diary records and contemporaneous documents to the respondent's evidence. It accepted that the claimant worked 178 hours in total, less the 3 hours worked at the funeral reception event on 16 December 2022, and that the £95.29 cash payment for that event was separate from her hourly wages because Mr Urquhart said £80 was paid for the event and £15.29 represented tips. The tribunal also found that seven shifts exceeded six hours and deducted the equivalent of seven unpaid 30-minute breaks at £5 each. After deducting payments already made, it found £744.22 remained due for wages and £60 due for tips, giving £804.22 for the wages element.

On notice and holiday, the tribunal found the claimant gave notice on 18 March 2023, that the contractual notice period was four weeks, and that she was unfit for work throughout that period. It held she was entitled to SSP during the notice period and assessed holiday pay from 1 January 2023 to the effective termination date of 15 April 2023 on the basis of her average weekly hours before sick leave. The operative judgment ordered the respondent to pay £1,152.22 in total, comprising £804.22 unpaid wages, £170 SSP and £178 accrued but untaken holiday pay, subject to any lawful deductions of tax and employee National Insurance.