(sitting alone) Miss V Kyriacou v Osman Celik — 2018

The tribunal found that Miss V Kyriacou was employed by Osman Celik under a verbal contract at £7.38 an hour. It accepted her evidence that she worked a 2-hour trial shift on 14 May 2018 and then four shifts on 21, 22, 25 and 26 May 2018, totalling 25 hours and 10 minutes, and rejected the respondent's account that she had only been referred to another business. The tribunal preferred the claimant's evidence because it was clear and cogent, while the respondent's explanation was not credible and he produced no paperwork identifying any different employer.

After the claimant sent letters on 25 June 2018 and 2 August 2018 seeking payment for wages and holiday pay, and received no response, the tribunal held that the unpaid work and trial shift were properly payable under the verbal contract. It applied section 13 and section 23 of the Employment Rights Act 1996 and awarded £200.49 for 27 hours and 10 minutes at £7.38 per hour.

The tribunal also held that the claimant had accrued holiday entitlement for the period worked and had not taken any leave. Relying on Regulations 13, 13A and 14 of the Working Time Regulations 1998 and the ACAS holiday pay guidance, it calculated holiday pay at 12.07% of the gross wages and awarded £24.20. The sums were ordered to be paid as gross figures.