Claimant v Bobbie Hunt (T/A Langley Vale Recovery Service)

The tribunal found the Respondent failed to pay the applicable national minimum wage from 2016 until 27 June 2024. The total underpayment was £62,543.72 gross but was capped at the statutory maximum of £25,000 for breach of contract claims in the employment tribunal.

The Respondent acted in breach of contract by dismissing the Claimant without notice. The tribunal awarded 12 weeks' notice pay at £547.52 per week, reflecting the Claimant's contractual entitlement to notice.

The Respondent made unauthorised deductions from wages by failing to pay the Claimant in lieu of accrued but untaken annual leave on termination of employment. The tribunal awarded 5.6 weeks per year for 2 years at the net weekly rate.

The Respondent failed to provide the Claimant with rest breaks contrary to the Working Time Regulations 1998. The tribunal made a compensatory award of £1,000 for this breach.

The complaint of unfair dismissal was well founded and succeeded. The tribunal awarded both a basic award (14 years x 1.5 multiplier x £686.40) and compensatory award covering loss of earnings from dismissal on 27 June 2024 through to the hearing date, less notice pay already awarded to avoid double recovery.

The Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. The tribunal found it just and equitable to make an award equal to four weeks' gross pay under section 38 Employment Act 2002.