Mr C Goddard v Alistair Joseph Blyth and 1 other — 2019

The claimant brought a claim for wages said to be due after termination of employment, together with a sum for holidays accrued but untaken at the date of termination. He initially raised the claim against Alistair Joseph Blyth. Mr Blyth denied the claim and said the claimant had been employed by Swift Labour Supplies Ltd, which was then sisted as a second respondent. The claimant told the tribunal that he was content to proceed no further with the claim against the first respondent.

The tribunal proceeded under Rule 21 because the second respondent did not deny the claim. It recorded that the claimant sought one month’s wages, quantified at £2,600 gross (£1,953 net), and 4.5 days’ holiday pay. On that basis the tribunal entered judgment against Swift Labour Supplies Ltd and dismissed the claim so far as directed against Alistair Joseph Blyth.

In the reasons, the tribunal calculated the claimant’s weekly gross pay at £600 and assessed four and a half days’ pay at £540. It awarded both sums gross. The tribunal also noted that, if the second respondent were required by statute to make PAYE deductions, it could do so before payment provided the deducted tax and National Insurance were remitted, a statement of deductions was provided, and proof of remittance was supplied if requested.