(sitting alone) Mr Paul Grant v CHS Transport Solutions Ltd — 2021

The tribunal found that Mr Grant was employed by the Respondent as a driver from 23 October 2019 until 16 September 2020, was paid £8.72 per hour, had no written statement of terms, and had no annual leave records produced. It found that he worked 37 weeks in the relevant leave year, accrued 20 days' holiday under the Working Time Regulations 1998, took and was paid for 10 days in June 2020, and therefore had 10 days of holiday remaining at termination.

On that basis, the tribunal held that the Respondent had made an unlawful deduction from wages in respect of unpaid holiday pay. It calculated the daily rate at £34.88 and awarded £348.80, subject to tax and national insurance deductions where required.

The tribunal dismissed the statutory sick pay claim covering 16 September 2020 to 24 September 2020. It found no evidence that Mr Grant or his son had developed coronavirus symptoms, no proof that Mr Grant had received a relevant notification within the SSP Regulations, and no evidence that any such notification had been passed to the Respondent. The tribunal noted that the school email did not require Mr Grant himself to self-isolate, that a school was not a relevant notification source for SSP purposes, and that Mr Grant had been paid full pay up to 18 September 2020.