In person v Mr Tyldsley, director — 2025

The claimant worked as a chef for the respondent from on or around 1 April 2024 until 6 June 2024 without a written contract or payslips. He was offered and accepted work at an hourly rate of GBP 12.50 but was in fact paid at approximately GBP 9.73 per hour, leading to gross shortfalls of GBP 237.62 in April, GBP 648 in May and GBP 312.83 in June. The respondent did not file a response by the return date and a late postponement request was refused; the hearing proceeded on the basis of the claimant's sworn evidence, supported by his bank and HMRC records.

The Employment Judge found that a contract had been formed by someone with authority to bind the employer, that the respondent had failed to comply with its terms, and that the claimant had suffered loss in the gross amount given the timing within the tax year. The breach of contract claim succeeded and damages were awarded for the three months of underpayment.

On holiday pay, the Judge applied regulation 14 of the Working Time Regulations 1998 and calculated an entitlement of 9/52 x 28 days (one week) at average weekly hours of 45, awarding GBP 562.50 gross. The total sum payable was GBP 1,760.95. The Judge was not asked to and did not raise of her own motion any uplift for failure to provide a section 1 statement.