(sitting alone) Ms A Rutkowska v Chez Jules Hanover Street Limited — 2018

The claimant worked for the respondent restaurant from 27 June 2013 to 27 June 2018 doing cleaning and kitchen duties. The tribunal found that no written statement of particulars was ever issued. On the disputed working-hours issue, it accepted the claimant's evidence, supported by her daughter, that from 1 September 2015 her agreed role required 40 hours a week and that she was to start at 7am, not 7.30am as the respondent maintained. The tribunal also relied on a text from Mr Lawrence referring to pay "but for a 36 hour week" as supportive of the claimant's case.

On holiday pay, the parties agreed that the claimant was due 5 days' accrued holiday in her final leave year. The tribunal found that her annual salary from 2015 was £13,600 and calculated a day rate of £43.59 by reference to a 312-day working year. It awarded £217.95 for the 5 outstanding days. The tribunal noted that the claimant had taken 18 days holiday in her final year, including leave during the September 2017 closure and two weeks during notice.

On wages, the tribunal found that the claimant worked 40 hours a week and was paid a monthly salary of £1,133.33, which produced an hourly rate of £6.54. Comparing that rate with the national minimum wage rates applicable from October 2015 through June 2018, it held that she had been underpaid and awarded £7,250 under the National Minimum Wage Regulations 2015. The tribunal treated the salary paid during May 2018 sickness absence as part of the calculation. Because the respondent had not issued an up-to-date written statement of particulars, section 38 of the Employment Act 2002 required an uplift of two weeks' pay, calculated at £523.08. The total gross award was £7,991.03.