Mrs J Janeckova v Represented by:15 Ms P Janeckova, Daughter Caledonia Highland Dress — 2024

Mrs J Janeckova worked for Patrick McGroarty, trading as Caledonia Highland Dress, from 2015 and last attended work in February 2023. She worked 30 hours per week at £12 per hour, received statutory sick pay until September 2023, and had been issued payslips during that period. HMRC later confirmed that SSP had been underpaid by £190.89; the respondent paid that amount shortly afterwards without deduction. The claimant also wanted payslips and a P60 after payments stopped, saying she needed them for benefits and related purposes.

On the payslip issue, the tribunal held that the Employment Rights Act 1996 did not give it power to award compensation for a failure to provide itemised pay statements. It found that the right to an itemised pay statement arises where wages or salary are paid, and that there was no obligation under s.8 ERA 1996 to provide payslips for months when no wages were being paid. The tribunal also said that any issue about a P60 was not a matter for it. The claim for failure to provide itemised pay slips, and the related claim for stress and anxiety caused by chasing them, were dismissed.

On holiday pay, the tribunal accepted that the claimant had taken three days' paid holiday before going off sick and that she continued to accrue annual leave while off work. It calculated that she remained entitled to 28 days' paid leave per year, with a week’s pay of £360, and that she had 25 days remaining for the 2023 leave year. However, relying on the Working Time Regulations 1998 and cases including Stringer and Schultz-Hoff, the tribunal held that she was still employed and so was not entitled to a payment in lieu under regulation 14 at that point. It said the position could change if she left employment or later took annual leave, but the claim before it was dismissed.