Mr R Hendrie v Guy & Beard Ltd — 2019

The claimant worked for the respondents from 3 December 2018 to 2 June 2019, first as a barber on 10 per hour and later as manager on 12 per hour. The tribunal found there was no written contract of employment and no issued statement of main terms and conditions, and it accepted the claimant's evidence where there was conflict. It also held that, because there was no relevant signed agreement, the holiday year ran from the start of employment.

Applying Regulation 13 of the Working Time Regulations 1998, the tribunal found that the claimant was entitled to 28 days' holiday per year, had taken 6.5 days, and had therefore accrued 7.5 days of untaken leave at termination. Converted to 67.5 hours at the barber rate of 10 per hour, that produced an award of 675 for holiday pay. The tribunal rejected the respondents' argument based on an alleged contract because the contract was not produced and an email of 6 May 2019 indicated that no contract had yet been issued.

The tribunal also found that no statement of employment particulars had been issued. Under section 38 of the Employment Act 2002, it held that there were no exceptional circumstances and awarded the minimum two weeks' pay, calculated on the basis of 9 hours per day over a 10-day period at 10 per hour, producing 900. The total award was 1575.