Mr S Kennedy v Marlan Media — 2023

Mr Kennedy began employment with Marlan Media on 22 August 2022 and was given a contract of employment. The contract stated a salary of £25,000 per annum, although he was told that figure had been included in error and that the salary was in fact £28,000 per annum. The contract also provided for 40 days' holiday plus 8 statutory days, with the holiday year running from January to December.

The claimant was due to be paid at the end of August 2022 but received nothing. He raised the issue with the respondent and was told payment would be made, but no payment followed. He then gave one week's notice on 22 September 2022 and left on 29 September 2022. By the end of his employment he had not been paid any wages, holiday pay, or pay for the notice period. The respondent did not enter a response.

The tribunal accepted the claimant's evidence and found the claims well founded. It concluded that wages had been unlawfully deducted, that holiday pay was due, and that the claimant had not been paid for the notice period. The operative judgment awarded £2,154 gross for unpaid wages, £538.46 gross for holiday pay, and £538.46 gross for notice.

In the reasons, paragraph 14 refers to £21,545 for unpaid wages, but the same paragraph says this was calculated as £538.46 multiplied by 4 weeks. That figure is inconsistent with the dispositive order of £2,154 gross and appears to be a typographical error. The judgment does not record any separate legal tests or any panel members beyond Employment Judge L Wiseman.