Mr W Hobbs v Elite Energy Limited — 2020

The claimant, Mr W Hobbs, appeared in person. Elite Energy Limited did not appear, did not lodge an ET3, and was noted to be in creditors' voluntary liquidation. The tribunal heard evidence from the claimant, found him entirely reliable and credible, and relied on his contract and wage slips, which showed gross pay of £3,000 per month and a weekly gross pay of £692.31.

The tribunal held that the claimant's employment ended on 3 May 2019 without any notice. It found that clause 17 of the contract gave him four weeks' notice, so the respondent was ordered to pay four weeks' pay in lieu of notice, calculated as £2,769.23 gross. The judgment described this as payment in respect of notice due to breach of contract.

On holiday pay, the tribunal found that the respondent's holiday year ran from 1 January to 31 December and that the claimant's entitlement was 28 days including statutory and public holidays. It found that, by the date of termination, he had accrued nine days but had taken seven, leaving two days untaken, and ordered payment of £276.92 gross for accrued holiday.

The tribunal also accepted the claimant's evidence that when he started work in January 2018, one week's pay was retained from his first wage as 'lie time' and was never subsequently paid. It ordered payment of £692.31 gross for that unpaid amount. The judgment also noted that the circumstances of termination might have given rise to an unfair dismissal claim had the claimant had two years' continuous service, but no unfair dismissal finding was made.