Claimant v Regency Oak Landscapes Limited
Outcome
Individual claims
The tribunal found the claimant established unauthorised deductions for specific days: 2 May 2024 (full day), 17 June 2024 (half day), 5 July 2024 (full day), and 11 July 2024 (half day). The claimant worked on these days as evidenced by WhatsApp messages, emails, and phone logs, but was not paid. After offsetting an overpayment from February, net deduction of £227.43 was owed.
The parties agreed the claimant accrued 14.8 days holiday entitlement. Payslips showed 6 days had been paid, leaving 8.8 days unpaid at termination. The respondent accepted this calculation in submissions. The tribunal ordered payment for these 8.8 unpaid days under Working Time Regulations 1998.
The respondent admitted failing to provide a written statement of employment particulars as required by s.1 Employment Rights Act 1996. The tribunal found no exceptional circumstances to disapply the statutory award, and ordered a 2-week penalty uplift (rather than the maximum 4 weeks) given the small size of the employer.
Facts
The claimant worked as a remote office administrator for a small landscaping company from August 2023 to July 2024. She resigned in July 2024. The employer failed to provide a written statement of employment particulars and kept poor records of work days and payments. The claimant claimed unpaid wages for various disputed days across several months and unpaid holiday pay. The respondent initially paid £977 in wages during proceedings but disputes remained about additional days and a £200 payment. Both parties agreed holiday entitlement accrued was 14.8 days.
Decision
The tribunal found the claimant proved she worked on specific disputed days in May, June, and July 2024 based on documentary evidence including WhatsApp messages, emails, and call logs. After offsetting an overpayment, £227.43 gross was owed in unpaid wages. The tribunal ordered payment of 8.8 days unpaid holiday (£1,015.34). A 2-week penalty (£1,153.80) was imposed for failure to provide written particulars. The claimant's claims for bank charges and ACAS uplift were rejected. Total award: £2,396.57 gross.
Practical note
Poor record-keeping by small employers working with remote staff creates evidential difficulties; contemporaneous communications (WhatsApp, emails, call logs) are crucial to prove days actually worked, and failure to provide written particulars attracts an automatic minimum 2-week penalty when another claim succeeds.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6013234/2024
- Decision date
- 12 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- office administrator
- Service
- 10 months
Claimant representation
- Represented
- No