Mr Gabriel Iancu v Thornhill Leisure (Mormond Inn) Ltd — 2022

The claimant, Mr Gabriel Iancu, worked for Thornhill Leisure Ltd from 28 October 2021 as a Shift Manager at the Riverside Inn. The tribunal accepted his evidence and the payslips he produced. It found that he was paid mainly at £10 per hour, sometimes at £11 per hour without explanation, and that his final payslip showed net wages of £1,173.93 for work done from 27 April 2022 to the end of his employment, but that amount was not paid into his bank account.

The tribunal upheld the unlawful deduction from wages claim and ordered payment of £1,173.93. It also upheld the holiday pay claim under regulation 14 of the Working Time Regulations 1998. On the evidence accepted by the tribunal, the claimant had taken no paid leave during his 27-week employment and was entitled to 15 days’ accrued but untaken leave, calculated as three weeks’ gross pay at £367.02 per week, giving £1,101.06.

The tribunal further upheld the breach of contract claim for failure to give statutory notice under section 86 of the Employment Rights Act 1996. It found that the claimant was entitled to one week’s notice, did not receive it, and awarded £367.02 in gross damages. The total award was £2,641.01, with the tribunal stating that deductions for PAYE and national insurance could be made from the gross holiday and notice sums only if the respondent complied with the directions given.