Ms S Stewart v Represented by Mr L McKay, Trainee Solicitor Gray Ghost Ltd — 2021

Ms S Stewart brought claims for unpaid wages, unpaid pension contributions, holiday pay, and a subsidiary complaint about written particulars. The tribunal proceeded in the respondent's absence after a postponement application had been refused and contact difficulties arose at the start of the hearing. It dismissed all claims.

The tribunal found that the employment relationship was one of variable-hours work, not a guaranteed 50-hour week. Although a draft contract issued on 4 September 2020 referred to 50 hours and pay rising from £8.50 to £9.00 per hour, it was unsigned and the tribunal found that, in practice, the claimant was paid for the shifts she actually worked. On that basis, there was no contractual entitlement to uplift ordinary wages to a notional 50-hour week.

On furlough, the claimant had been paid 80% of average earnings for around 11 months. The tribunal accepted that there had been no written or express verbal consent to the reduction, but held that the claimant had accepted the change by conduct and that the respondent had calculated the 80% figure by reference to prior earnings. The tribunal also found no evidence that wages were otherwise unpaid.

For pension contributions, the only evidence of any shortfall was a Nest letter referring to £14.44, and there was no evidence that sum had not later been paid. The holiday pay claim failed because the tribunal could not understand the £77 figure sought and was not satisfied that any award was due. No uplift for failure to provide written particulars was available because none of the principal claims succeeded, and the draft contract was said to broadly comply with the statutory requirements despite being issued late.