Mr R Phillips v Creative Republic of Cardiff Limited — 2025

The respondent did not attend the CVP hearing and, because there was no application for postponement and no good reason for absence, the tribunal proceeded in their absence. The claimant's application to amend the ET1 to add unfair dismissal was refused because it had not been set out in the original claim, it was reasonably practicable to raise it earlier, and the balance of prejudice favoured refusal.

The tribunal upheld the claim for unlawful deduction of wages under section 23 of the Employment Rights Act 1996. It found that the claimant was not paid for work between 11 November and 22 November 2024 and ordered the respondent to pay £752.00 gross. The claimant was responsible for tax and National Insurance on that sum.

The tribunal also upheld the claim for holiday accrued but not taken under regulation 30 of the Working Time Regulations 1998. It found that the claimant's leave year began on 1 January 2024, that he accrued leave at 2.33 days per month, and that he had not taken annual leave before the relationship ended on 22 November 2024. On the figures it accepted, it calculated 7 days accrued in the period to 31 March 2024 and 18.6 days in the period from 1 April 2024 to 22 November 2024, producing a gross award of £2,340.74, again subject to tax and National Insurance being paid by the claimant.

The tribunal further upheld the breach of contract claim and awarded £532.50 in damages. It also found that the respondent failed to give the claimant a pay statement and that unnotified deductions were made, awarding a further £83.51. The total amount awarded across all claims was £3,708.25.