Mr G Cunningham v Mr K Penman — 2023

The tribunal heard the claim in the respondent's absence. The claimant, Mr G Cunningham, withdrew the statutory redundancy payment claim and the alleged unpaid pension contributions claim during the hearing, and those matters were dismissed under Rule 52. The claim about furlough pay for 1 to 16 May 2021 was not successful because the tribunal found it had been presented out of time and that the claimant had not shown it was not reasonably practicable to bring the complaint within the statutory period.

The tribunal found that Mr Cunningham had been employed by Mr K Penman from 8 June 2020 until he resigned on 26 June 2022, working as a barman at the Bridge Inn in Galashiels and being paid weekly at £9.50 per hour. It accepted that he had received no payslips, contract, P45 or P60. On the annual leave issue, it found that he took no leave in the leave year beginning 1 January 2022 and was therefore entitled on termination to a payment in lieu of accrued untaken leave under the Working Time Regulations.

On remedy for annual leave, the tribunal applied the regulation 14 formula, using a 5.6-week entitlement and average weekly pay of £285, and awarded £782.04 gross. On the June 2022 wages complaint, it found that the claimant had worked 34 hours from 19 to 26 June 2022 and had not been paid £323 gross for that week. It also accepted that he suffered bank charges of £35 as a financial loss attributable to the non-payment, but it did not accept that he had proved any additional loss from drawing pension benefits earlier than planned. The sums awarded for the June 2022 wages complaint and the annual leave claim produced a total award of £1,140.04.