(sitting alone) Mr A Smillie v ABEXX Limited — 2018

Mr Smillie was employed by the respondent from 5 June 2017 until 31 March 2018. The tribunal found that his contract required one month’s notice of termination, that he was not in material breach of contract, and that the respondent ended the employment summarily without notice. It accepted that his gross annual salary was £32,000, or £2,666.67 per month, and noted that the employer’s name had changed to ABEXX Limited while the legal entity remained the same employer.

The tribunal found that a number of sums remained outstanding when employment ended. These were notice pay, the respondent’s agreed pension contributions for March, April and May 2018, pension deductions taken from the claimant’s salary for those months but not paid into the NEST scheme, overtime for 19 and 20 May 2018, 1.33 weeks of accrued holiday pay, and reimbursement of £64.48 for fuel paid by the claimant on behalf of the respondent.

In law, the tribunal referred to sections 13 and 23 of the Employment Rights Act 1996, the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994, and regulations 13, 13A and 14 of the Working Time Regulations 1998. It held that the unpaid pension deductions were an unlawful deduction of wages, that the other outstanding sums were recoverable as contractual sums due on termination, and that holiday pay was due under the Working Time Regulations. The respondent was ordered to pay the listed gross sums, subject to tax deductions from the gross amounts.